HomeMy WebLinkAbout2009-12-01; City Council; 20043; Police Canine GrantCITY OF CARLSBAD - AGENDA BILL
20.043AB#
MTG. 12-1-09
DEPT. POLICE
POLICE CANINE GRANT
DEPT. HEAD
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
City Council adopt Resolution No. 2009-290 accepting and appropriating funds from the San
Diego Police Foundation K9 Regional Assistance Project for the purchase of a replacement police
canine.
ITEM EXPLANATION:
The San Diego Police Foundation K9 Regional Assistance Project is a grant to expand and
enhance the work of police canine units throughout San Diego County. Eligible items include
training, equipment, and the replacement or addition of service dogs not funded through an
agency's operational budget.
Carlsbad Police Department requested funding and has received approval from the San Diego
Police Foundation K9 Regional Assistance Project for the replacement of police services canine
"Raven" who is scheduled to retire in December 2009. Police canines provide a valuable service
to the department and the community by assisting in the location and apprehension of suspects
and increasing officer safety. Often, simply the presence of a highly trained police dog is enough
to deter a suspect from attempting to flee, fight, or hide. The proper deployment of a canine team
enhances the safety of officers and the public and can reduce the likelihood of injury to a suspect.
FISCAL IMPACT:
Costs associated with a replacement canine are estimated to be $12,700. This includes the dog's
cost, tax, and training. These expenses are eligible for full reimbursement by the San Diego
Police Foundation's K9 Regional Assistance Project.
ENVIRONMENTAL IMPACT:
None
EXHIBITS:
1. Resolution No. 2009-290 accepting and appropriating funds from the San Diego
Police Foundation K9 Regional Assistance Project to replace a retiring canine.
DEPARTMENT CONTACT: Lynn Diamond 760-931-2170 lvnn.diamond@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER - SEE MINUTES
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1 RESOLUTION NO. 2009-290
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING AND
3 APPROPRIATING FUNDS FROM THE SAN DIEGO
4 POLICE FOUNDATION'S K-9 ASSISTANCE PROGRAM
TO REPLACE A RETIRING POLICE CANINE.
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WHEREAS, the San Diego Police Foundation offered a competitive grant to
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expand and enhance the work of police canine units throughout San Diego County; and8
WHEREAS, eligible items in the grant include training, equipment, and the
replacement or addition of service dogs; and
11 WHEREAS, Carlsbad Police Department has a need to replace a canine who will
12 retire from service in December 2009; and
WHEREAS, the Carlsbad Police Department has received approval from the San
14 Diego Police Foundation to fund a replacement police canine;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
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Carlsbad, California, as follows:
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1. That the above recitations are true and correct.
19 2. That Council accepts funds from the San Diego Foundation K9 Assistance
20 Project.
21 3. That the Finance Director is authorized to appropriate $12,700 to replace a
22 retiring canine, including the dog's cost, tax, and training.
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1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
2 of the City of Carlsbad on the day of.
3 2009, by the following vote, to wit:
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AYES:
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NOES:
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ABSENT:8
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CLAUDE A. LEWIS, Mayor
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13 ATTEST:
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16 LORRAINE M. WOOD, City Clerk
(SEAL)
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CITY OF CARLSBAD - AGENDA BILL
AB# 20,044
MTG. 12/01/09
DEPT. PW/GS
AWARD OF CONTRACT FOR TRAFFIC SIGNAL
MAINTENANCE SERVICES BID NO. 10-02, TO REPUBLIC
INTELLIGENT TRANSPORTATION, INC.
DEPT. HEAD /*%£?
CITY ATTY. ^2^
CITY MGR. I ,>— -VA'
RECOMMENDED ACTION:
Adopt Resolution No. 2009-291_ accepting the bid and awarding the contract to
Republic Intelligent Transportation, Inc. dba Republic ITS, for Traffic Signal Maintenance Services, Bid
No. 10-02, for an amount not-to-exceed $1 ,352,270 in the initial two year agreement term.
ITEM EXPLANATION:
The City of Carlsbad utilizes contracted traffic signal maintenance services for one hundred and sixty-
seven signalized intersections in the City of Carlsbad. This service has been traditionally performed by
a service contractor. Utilizing a service contractor allows the City to provide these services without the
need to increase staffing, purchase and maintain expensive specialty equipment and allows staff
resources to be allocated to our core maintenance functions.
On August 24, 2009, the City Clerk published a Notice Inviting Bids for this service agreement. In
addition, staff sent notification of the pending agreement to nine vendors in the southern California
metropolitan area. Three vendors attended the mandatory pre-bid meeting held on September 16,
2009.
One bid was received, opened, witnessed, and recorded on September 29, 2009. The bid received
from Republic ITS totaled $676,135 per agreement year. Although staff did attempt to attract
additional bids, there are very few vendors that perform the comprehensive traffic signal maintenance
and repair services required by the City of Carlsbad and provided by Republic ITS. Republic ITS is the
current contracted traffic signal maintenance vendor for over 50 public agencies in the southern
California metropolitan area. This agreement was previously bid in 2003. Only two bids were received
at that time and Republic ITS was awarded the agreement.
Staff has evaluated the bid from Republic ITS and has determined that it is a responsive bid.
Republic ITS has provided the City of Carlsbad with traffic signal maintenance services for the last
fifteen years and have provided top quality services. Republic has demonstrated the ability to provide
full service traffic signal maintenance services including replacement of traffic signal controllers, traffic
signal poles, masts and associated signal equipment as well as routine maintenance and repair
services.
Staff recommends that Council approve this agreement for a two year period and authorize the City
Manager to approve a maximum of two additional two year extensions. There are two primary
reasons for establishing a two year cycle with this and other major maintenance agreements. Two
year agreements establish a cost basis for two years instead of the traditional one year period and
limit cost of living compensation increase requests over the life of the agreement. General Services
also administers dozens of large and complex maintenance agreements. Extending the agreement
period to two years minimizes the number of amendments to extend and greatly reduces the staff
overhead required to process these amendments.
DEPARTMENT CONTACT: Dale A. Schuck, (760) 802-5788, dale.schuck@carlsbadca.aov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED D
DENIED D
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
Page 2
ENVIRONMENTAL IMPACT:
This project is a Class 1 categorical exemption (minor alteration of existing structure or facilities) and
is, therefore, exempt from the environmental review process under provisions of the California
Environmental Quality Act (CEQA), Section 15301(c).
FISCAL IMPACT:
Staff wishes to inform Council that the bid is intended to establish bid item costs for each individual
item of work. This agreement was bid based on an agreed price for 17 separate routine maintenance
and repair activities that occur during normal business hours. The agreement was also bid on a time
and materials basis for non-routine repair activities that occur during normal business hours and after
normal business hours. Expenditures in the previous contract year for these services exceeded
$425,000. The total contract value is above this amount as traffic signal repair services are somewhat
unpredictable. The vendor will be paid on an agreed price and/or time and materials basis for actual
work performed as directed by the City. Actual payment to the contractor is expected to remain at
current expenditure levels for the initial two year agreement period.
The cost to replace a controller cabinet that is involved in a traffic collision is estimated at $25,000.
The cost to replace a large signal pole is estimated at $25,000 to $35,000 and the cost to replace a
small signal pole is estimated at $8,000. These repair costs are not predictable or preventable, as
they usually occur due to vehicle accidents. The number of vehicle accidents can vary greatly from
year to year. Staff attempts to recover restitution from responsible parties for these repairs.
Additionally, authority to spend above the current expenditure level is needed to maintain additional
infrastructure as it is completed and accepted by the City, to insure that contractually acceptable cost
of living increases can be accommodated and to ensure that funds are available in the event that the
actual work exceeds the current estimates indicated in the bid documents. Future contract
expenditures will be determined by City needs and appropriations to the budget from Council.
This contract is funded from the Traffic Signal Maintenance Operating Budget - General Fund.
Sufficient appropriations are available in the Traffic Signal Maintenance Operating Budget - General
Fund to fully fund the current anticipated needs of the agreement.
Contract Years
Contract Years 1 & 2
Contract Years 3 & 4
Contract Years 5 & 6
Total Not-To-Exceed Contract Amount
Contract Amount
$1,352,270
$1,352,270
$1,352,270
$4,056,810
In summary, this is up to a six-year Traffic Signal Maintenance Service agreement based on the
selected best value contractor's bid of $676,135 per agreement year. As such, the total contract cost
for the initial two year agreement period is $1,352,270. Staff requests that Council authorize the City
Manager to extend the agreement for two subsequent two year agreement periods. The not-to-
exceed limit of the agreement total $4,056,810 for six years. The actual annual payments to the
contractor will be based on the costs of services provided within each two year term of the agreement.
PageS
EXHIBITS:
1. Resolution No. 2009-291 accepting the bid and awarding the contract to
Republic Intelligent Transportation, Inc. dba Republic ITS, for Traffic Signal Maintenance
Services, Bid No. 10-02, for an amount not-to-exceed $1,352,270 in the initial two year
agreement term.
2. Traffic Signal Maintenance Services Contract.
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RESOLUTION NO. 2009-291
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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CARLSBAD, ACCEPTING THE BID AND AWARDING THE CONTRACT
TO REPUBLIC INTELLIGENT TRANSPORTATION INC., DBA
REPUBLIC ITS, FOR TRAFFIC SIGNAL MAINTENANCE SERVICES,
BID NO. 10-02, FOR AN AMOUNT NOT-TO-EXCEED $1,352,270 IN
THE INITIAL TWO YEAR AGREEMENT TERM OF THE AGREEMENT.
WHEREAS, the City of Carlsbad requires the services of a traffic signal maintenance
service contractor; and
WHEREAS, proper bidding procedures have resulted in the City's receipt of a bid from a
qualified contractor, Republic Intelligent Transportation, Inc. dba Republic ITS; and
WHEREAS, a best value evaluation consistent with Carlsbad Municipal Code Section
3.28.060 was performed by staff and has resulted in staff's determination that the bid submitted by
Republic Intelligent Transportation, Inc. dba Republic ITS., at $676,135 per agreement year is the
best value to the City of Carlsbad; and
WHEREAS, staff recommends award of the contract for Bid 10-02 Traffic Signal
Maintenance Services to Republic Intelligent Transportation, Inc. dba Republic ITS., in an amount
not-to-exceed $1,352,270 in the initial two year agreement term; and
WHEREAS, staff recommends Council authorize the City Manager to extend the
agreement for two subsequent two year agreement periods to a maximum compensation amount
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of $4,056,810 during the maximum six year life of the agreement to ensure that funds are available18
to add work during the agreement years as infrastructure is completed and accepted by the City,
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to ensure that funds are available in the event that the actual work totals exceed the estimates
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indicated in the bid documents, and to ensure that sufficient funds are available to fund increases
21 in compensation to the contractor in an amount not-to-exceed the Consumer Price Index for San
22 Diego County in the preceding two year term; and
WHEREAS, sufficient appropriations are available in the Traffic Signal Maintenance
Operating Budget - General Fund to fully fund the agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
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1 2. The bid of Republic Intelligent Transportation, Inc. dba Republic ITS., 371 Bel
2 Marin Keys Blvd., Suite 200, Novato, CA 94949, is the best value.
3 3. The bid of Republic Intelligent Transportation, Inc. dba Republic ITS, is hereby
4 accepted.
5 4. That the maximum compensation amount will not exceed $4,056,810 over the
6 maximum six-year period of the agreement.
7 5. That the City Manager may extend the agreement for two subsequent two year
agreement periods.8
6. That the Mayor of the City of Carlsbad is hereby authorized and directed toy
execute an agreement with Republic Intelligent Transportation, Inc. dba Republic ITS for an
amount not-to-exceed $1,352,270 in the initial two year agreement term, a copy of which is
attached, for and on behalf of the City of Carlsbad.
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1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
2 City of Carlsbad on the day of , 2009, by the following vote, to wit:
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4 AYES:
5 NOES:
6 ABSENT:
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CLAUDE A. LEWIS, Mayor
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10 ATTEST:
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LORRAINE M. WOOD, City Clerk
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AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE SERVICES
Republic Intelligent Transportation Services, Inc. dba Republic ITS
THIS AGREEMENT is made and entered into as of the day of
20 , by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and Republic Intelligent Transportation Services, Inc. dba Republic ITS, a
corporation, ("Contractor").
DEFINITIONS
Repair: Authorized service work to equipment and systems required to preserve and
protect any City owned or maintained Traffic Signal systems as specified in this
Agreement.
Installations: Traffic Signal equipment installation and adjustment required to preserve
and protect any City owned or maintained Traffic Signal systems as specified in this
Agreement.
Maintenance: Any routine, recurring, and usual services or ROUTINE maintenance on
existing City systems necessary for the protection or preservation of any City owned or
maintained Traffic Signal systems as specified in this Agreement.
Demolition: The removal of Traffic Signal equipment required to preserve and protect
any City owned or maintained Traffic Signal systems as specified in this Agreement.
Service Report: Contractor's detailed report in City-approved, computer-generated
format covering all work performed under this Agreement. Service reports shall be
separate documents, listed by facility and shall note all inspections, repairs or service
work performed, condition statements and any other pertinent information to aid the City
in determining future equipment repairs, maintenance or replacement. Web based
report capability is highly desired.
RECITALS
A. City requires the professional services of a Traffic Signal Maintenance
Contractor that is experienced in providing routine, recurring and usual Traffic Signal
maintenance work necessary for the protection and preservation of City owned or
maintained Traffic Signal systems for their intended purposes.
B. Contractor has the necessary experience in providing professional
services and advice related to providing routine, recurring and usual Traffic Signal
maintenance work necessary for the protection and preservation of City owned or
maintained Traffic Signal systems for their intended purposes.
C. Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
D. Contractor has submitted a bid to City and has affirmed its willingness and
ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
7City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 1 of 58
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render the Traffic Signal
maintenance and repair services described in the Scope of Work contained in the City's
Request for Bids and the Contractor's bid, which are incorporated by this reference in
accordance with this Agreement's terms and conditions. The Contractor will perform
Traffic Signal maintenance and related services as needed and as authorized on an
agreed price basis and/or on a time and materials basis for repairs as specified in the
Contractor's bid. Nothing in this agreement is intended to create an exclusive
arrangement between City and Contractor. The City reserves the right to procure
Traffic Signal maintenance services from other CONTRACTORS as the City deems
appropriate.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
Contractor shall maintain a C-10 and a C-61/D-31 license issued by the California
Contractors State License Board throughout the term of this Agreement.
3. TERM
The term of this Agreement will be effective for a period of two-years from the date first
above written. The City Manager may amend the Agreement to extend it for two
additional two-year periods or parts thereof in an amount not to exceed Six Hundred
Seventy-six Thousand, One Hundred and Thirty-Five dollars ($676,135) per Agreement
year. Extensions will be based upon a satisfactory review of Contractor's performance,
City needs, and appropriation of funds by the City Council. The parties will prepare a
written amendment indicating the effective date and length of the extended Agreement.
Either the City or the Contractor may decline to confirm the renewal of the contract for
any reason whatsoever, which shall render the renewal option null and void
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The Contractor's Traffic Signal maintenance work will be by paid at a fixed cost rate for
scheduled maintenance and bid item work and at an hourly rate plus parts as indicated
in the agreement as detailed in the Contractor's bid. The total fee payable for the
Services to be performed during the initial Agreement term will not exceed One Million,
Three Hundred Fifty-two Thousand, Two Hundred and Seventy dollars ($1,352,270). No
other compensation for the Services will be allowed except for items covered by
subsequent amendments to this Agreement. The City reserves the right to withhold a
ten percent (10%) retention until City has accepted the work and/or Services specified
in the Contractor's bid.
The Contractor will perform work in accordance with all applicable Carlsbad
Municipal Code sections, other applicable California codes, OSHA standards and
any other regulatory requirements.
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 2 of 58
There will be no additional charges such as travel or trip costs allowed. Payment for
service starts when the technician arrives at the City of Carlsbad owned or maintained
properties, and ends at the completion of required service work. Portal to portal
payment is not included in this Agreement.
All parts will be newly manufactured replacement parts or an equal approved by the
Inspector, or his authorized representative. Pricing to City of Carlsbad will be in
accordance with bid item costs or hourly labor cost plus parts markup as indicated in the
CONTRACTOR'S Proposed Cost of Services Chart. Invoices must be submitted with
request for payment.
The Contractor shall submit invoices to the Inspector, or his authorized representative
by the 5th day of the month for work performed in the previous month under this
contract. The Contractor shall provide detailed records of all work performed and
include all required reports of systems and/or equipment(s) serviced or repaired.
Failure to provide the required documents, invoices, and reports will result in the City of
Carlsbad withholding payment to the Contractor until all the required documentation,
including supplier invoices for parts, are provided to the City.
If an increase in compensation for service in succeeding option periods is requested,
the Contractor must provide detailed supporting documentation to justify the requested
rate increase. The City will evaluate the requested increase, and the City reserves the
right to negotiate, accept or reject the Contractor's requested compensation increase.
This Agreement's annual compensation terms may be adjusted by a mutually agreeable
amount based on and no greater than the aggregate San Diego Consumer Price Index
changes over the previous contract period. Requests for price changes must be made
by the Contractor in writing sixty (60) days before the end of the then-current agreement
year and is subject to negotiation or rejection by the City. Compensation increases will
not be authorized prior to the end of each contract period.
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent
contractor and in pursuit of Contractor's independent calling, and not as an employee of
City. Contractor will be under control of City only as to the result to be accomplished,
but will consult with City as necessary. The persons used by Contractor to provide
services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to this Agreement will be the full and
complete compensation to which Contractor is entitled. City will not make any federal or
state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. City will not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of Contractor or its employees or subcontractors.
Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which City may be required to make on behalf of Contractor or
any agent, employee, or subcontractor of Contractor for work done under this
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 3 of 58
Agreement. At the City's election, City may deduct the indemnification amount from any
balance owing to Contractor.
7. PREVAILING WAGES
The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130
supersedes the provisions of the California Labor Code when the public work is not a
statewide concern. The City Council has determined that it is not in the best interest of
the City to require the payment of prevailing wages for this agreement. Payment of
prevailing wages is at Contractor's discretion.
8. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval
of City. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to City for the acts and omissions of Contractor's subcontractor and of the
persons either directly or indirectly employed by the subcontractor, as Contractor is for
the acts and omissions of persons directly employed by Contractor. Nothing contained
in this Agreement will create any contractual relationship between any subcontractor of
Contractor and City. Contractor will be responsible for payment of subcontractors.
Contractor will bind every subcontractor and every subcontractor of a subcontractor by
the terms of this Agreement applicable to Contractor's work unless specifically noted to
the contrary in the subcontract and approved in writing by City.
9. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
10. PARTS
The City reserves the right to supply needed parts and equipment to the Contractor for
Services.
11. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
employees and volunteers from and against all claims, damages, losses and expenses
including attorneys fees arising out of the performance of the work described herein
caused in whole or in part by any willful misconduct or negligent act or omission of the
Contractor, any subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-
administered workers' compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
12. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property
which may arise out of or in connection with performance of the services by Contractor
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 4 of 58
or Contractor's agents, representatives, employees or subcontractors. The insurance
will be obtained from an insurance carrier admitted and authorized to do business in the
State of California. The insurance carrier is required to have a current Best's Key Rating
of not less than "A-:VM". OR with a surplus line insurer on the State of California's List of
Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide
of at least "A:X".
12.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney or City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. City, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
12.1.1 Commercial General Liability Insurance. $1.000.000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
12.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
12.1.3 Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the California Labor Code. Workers' Compensation
will not be required if Contractor has no employees and provides, to City's satisfaction, a
declaration stating this.
12.1.4 Professional Liability. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must
be maintained for a period of five years following the date of completion of the work.
12.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
12.2.1 The City will be named as an additional insured on General
Liability.
12.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 5 of 58 It
12.2.3 This insurance will be in force during the life of the Agreement and
any extensions of it and will not be canceled without thirty (30) days prior written notice
to City sent by certified mail pursuant to the Notice provisions of this Agreement.
12.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution
of this Agreement, Contractor will furnish certificates of insurance and endorsements to
City.
12.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these
insurance coverages, then City will have the option to declare Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
12.5 Submission of Insurance Policies. City reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and
endorsements.
13. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
14. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement. All records will be clearly identifiable. Contractor will allow a
representative of City, during normal business hours, to examine, audit, and make
transcripts or copies of records and any other documents created pursuant to this
Agreement. Contractor will allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
15. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors
pursuant to this Agreement is the property of City. In the event this Agreement is
terminated, all documents related to services performed produced by Contractor or its
agents, employees and subcontractors pursuant to this Agreement will be delivered at
once to City. Contractor will have the right to make one (1) copy of the work product for
Contractor's records.
16. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City
and Contractor relinquishes all claims to the copyrights in favor of City.
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 6 of 58
17. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement.
For City: For Contractor:
Name: Thomas Moore Name Martin Eichmann
Title: Public Works Superintendent Title Regional Manager
Department: Public Works. Streets Address 1820 John Towers Ave.. Ste. A
City of Carlsbad El Caion. CA 92020
Address: 405 Oak Avenue. Phone No. (619)726-3744
Carlsbad. CA 92008
Phone No. (760) 434-2939
18. CONFLICT OF INTEREST
City will evaluate Contractor's duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City's Conflict of Interest Code is required
of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor's affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor's agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor's agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
19. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times observe
and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
/3City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 7 of 58 * ***
20. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
21. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or City will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City
Manager and/or designee. The City Manager and/or designee will consider the facts
and solutions recommended by each party and may then opt to direct a solution to the
problem. In such cases, the action of the City Manager and/or designee will be binding
upon the parties involved, although nothing in this procedure will prohibit the parties
from seeking remedies available to them at law.
22. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
City may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If City decides to abandon or indefinitely postpone the
work or services contemplated by this Agreement, City may terminate this Agreement
upon written notice to Contractor. Upon notification of termination, Contractor has five
(5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based
upon the work product delivered to City and of the percentage of work that Contractor
has performed which is usable and of worth to City in having the Agreement completed.
Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering ninety (90) days written notice to the other party may
terminate this Agreement. In this event and upon request of City, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to City. Contractor will be paid for work performed to the termination date; however, the
total will not exceed the lump sum fee payable under this Agreement. City will make the
final determination as to the portions of tasks completed and the compensation to be
made.
23. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift,
or any other consideration contingent upon, or resulting from, the award or making of
this Agreement. For breach or violation of this warranty, City will have the right to annul
this Agreement without liability, or, in its discretion, to deduct from the Agreement price
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 8 of 58 /4
or consideration, or otherwise recover, the full amount of the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
24. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to
City must be asserted as part of the Agreement process as set forth in this Agreement
and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to City, it may be considered fraud and
Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et seq.. the False Claims Act applies to
this Agreement and, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
on any public work or improvement for a period of up to five (5) years. Contractor
acknowledges debarment by another jurisdiction is grounds for City to terminate this
Agreement.
25. JURISDICTION AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
26. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor
any monies due or to become due under it may be assigned by Contractor without the
prior consent of City, which shall not be unreasonably withheld.
27. SERVICES DURING STATE OF EMERGENCY
During a state of emergency as determined by the City Council or City Manager
including, but not limited to states of emergency defined by Government Code Section
8558, the Contractor agrees to provide the services specified in this Agreement under
the terms and conditions herein.
28. ENTIRE AGREEMENT
This Agreement, the City's Request for Bid, the Contractor's Bid, and the Specifications,
together with any other written document referred to or contemplated by these
documents, along with the purchase order for this Agreement and its provisions,
embody the entire Agreement and understanding between the parties relating to the
subject matter of it. In case of conflict, the terms of the Agreement supersede the
purchase order. Neither this Agreement nor any of its provisions may be amended,
modified, waived or discharged except in a writing signed by both parties.
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 9 of 58
29. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on
behalf of Contractor each represent and warrant that they have the legal power,
right and actual authority to bind Contractor to the terms and conditions of this
Agreement.
CONTRACTOR
*By:
Jeffa
CITY OF CARLSBAD, a municipal
corporation
of the State of California
By:
Mayor
TTEST:
LORRAINE M. WOOD
City Clerk
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a Corporation. Agreement must be signed by one corporate officer from
each of the following two groups.
*Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering the officer(s) signing to bind the
corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:.
City of Carlsbad Contract 1 0-02, Traffic Signal Maintenance Services Page 1 0 of 58 /U?
CONTRACTOR'S PROPOSED COST OF SERVICE*
The matrix below describes items upon which the City requests a bid. The actual
payments made to the CONTRACTOR will be based on actual work performed for
the City consistent with the terms and conditions of the contract documents.
The undersigned declares he/she has carefully examined the locations of the work, read
the Request for Bid, examined all specifications, and hereby proposes to furnish all
labor, materials, equipment, transportation, and services required to do all the work in
this Traffic Signal Maintenance Agreement in accordance with the specifications of the
City of Carlsbad, and the General Provisions and that he/she will take in full payment
therefore the following unit prices for each item complete, to wit:
Bid Schedule "A" Annual Routine Maintenance/Repairs - Page 1 of 2
Item
No.
A-1.
A-2.
A-3.
A-4.
A-5.
A-6.
A-7
Description
Perform Routine Monthly
Traffic Signal Inspection and
Routine Maintenance
Provide and Install LED
Signal Light (Burnout)
ISNS Re-lamping
Provide and install LED
Pedestrian Head
Perform Red Flash Signal
Reset
Perform Function/Detection/
Cycling Test
Provide and Replace UPS
Batteries (Per Signal)
Estimated
Quantity
and
Units*
2040
300
300
15
50
60
120
Unit Price
$65.00
Each
$100.00
Each
$55.00
Each
$145.00
Each
$40.00
Each
$55.00
Each
$1.000.00
Each
Annual Total
$132.600.00
Extended Amount
$30.000.00
Extended Amount
$16.500.00
Extended Amount
$2.175.00
Extended Amount
$2.000.00
Extended Amount
$3.300.00
Extended Amount
$120.000.00
Extended Amount
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 11 of 58
Bid Schedule "A" Annual Routine Maintenance/Repairs - Page 2 of 2
Item
No.
A-8.
A-9.
A-10.
A-11.
A-12.
A-13.
A-14.
A-15.
A-16.
A-17
Description
Pedestrian Push Button
Replacement
Loop Set Testing
Loop Replacement
TypeD
Loop Replacement
Type E
Video Detection Camera
Service
(Semi Annual)
Cabinet Filter Replacement
(Semi Annual)
Amber School Flasher
Reprogramming
Head Cleaning and Mast
Arm Inspection
(Annual)
Conflict Monitor Testing
(Annual)
Adjust Signal Timing
Estimated
Quantity and
Units*
20
10
10
48
600
340
16
170
170
15
Unit Price
$130.00
Each
$100.00
Each
$400.00
Each
$350.00
Each
$45.00
Each
$5.00
Each
$50.00
Each
$150.00
Each
$45.00
Each
$50.00
Each
Total Annual Cost for Bid Schedule "A"
Annual Total
$2.600.00 '
Extended Amount
$1.000.00
Extended Amount
$4.000.00
Extended Amount
$16.800.00
Extended Amount
$27.000.00
Extended Amount
$1.700.00
Extended Amount
$800.00
Extended Amount
$25.500.00
Extended Amount
$7.650.00
Extended Amount
$750.00
Extended Amount
$394.375.00
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 12 of 58
Bid Schedule "B" Annual Regular Hours Repairs - Page 1 of 1
Item
No.
B-1.
B-2.
B-3.
B-4.
B-5.
B-6.
B-7.
Description
I MSA Level III
Certified Technician
IMSA Level II
Certified Technician
General Laborer
Aerial Truck
Service Truck
Compressor
Parts
Estimated
Quantity
and Units*
80
600
1020
500
100
52
$125,000
Unit Price
$80.00
(Per Hour)
$65.00
(Per Hour)
$35.00
(Per Hour)
$25.00
(Per Hour)
$15.00
(Per Hour)
$5.00
(Per Hour)
15% x $125.000 = $143.750.00
Contractor Parts Markup %
Total Annual Cost for Bid Schedule "B"
Annual Total
$6.400.00
Extended Amount
$39.000.00
Extended Amount
$35.700.00
Extended Amount
$12.500.00
Extended Amount
$1,500.00
Extended Amount
$260.00
Extended Amount
$143.750.00
$125,000 + Parts
Markup in Dollars
$239.110.00
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 13 of 58
Bid Schedule "C" Annual After Regular Hours Repairs - Page 1 of 1
Item
No.
C-1.
C-2.
C-3.
C-4.
C-5.
C-6.
Description
IMSA Level III
Certified Technician
IMSA Level II
Certified Technician
General Laborer
Aerial Truck
Service Truck
Compressor
Estimated
Quantity
and Units*
10
300
80
300
80
40
Unit Price
$125.00
(Per Hour)
$95.00
(Per Hour)
$50.00
(Per Hour)
$25.00
(Per Hour)
$15.00
(Per Hour)
$5.00
(Per Hour)
Total Annual Cost for Bid Schedule "C"
Annual Total
$1.250.00
Extended Amount
$28.500.00
Extended Amount
$4.000.00
Extended Amount
$7.500.00
Extended Amount
$1.200.00
Extended Amount
$200.00
Extended Amount
$42.650.00
*Estimate based on historical experience is for bid comparison purposes only.
The actual payments made to the CONTRACTOR will be based on the
CONTRACTOR'S actual work performed for the City consistent with the terms and
conditions of the contract documents, and may be different from the prices
estimated above. In the event of errors in calculation, the correctly extended bid
item total will govern. Note: This Agreement does NOT require payment of
prevailing wage.
Total amount of CONTRACTOR'S Bid Schedule "A" per agreement year in words:
Three Hundred Ninety-four Thousand Three Hundred Seventy-five dollars (Items A1-A17)
Total amount of CONTRACTOR'S Bid Schedule "A" per agreement year in numbers:
$394.375.00 (Items A1-
A17)
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 14 of 58
Total amount of CONTRACTOR'S Bid Schedule "B" per agreement year in words:
Two Hundred Thirty-nine Thousand Two Hundred Ten dollars (Items 81-
B7)
Total amount of CONTRACTOR'S Bid Schedule "B" per agreement year in numbers:
$239.210.00 (Items B1-
B7)
Total amount of CONTRACTOR'S Bid Schedule "C" per agreement year in words:
Forty-two Thousand Six Hundred Fifty dollars (Items C1-
C6)
Total amount of CONTRACTOR'S Bid Schedule "B" per agreement year in numbers:
$42.650.00 (Items C1-
C6)
Total amount of CONTRACTOR'S Bid (Sum of Bid Schedules A, B & C) per
agreement year in words: Six Hundred Seventy-six Thousand One Hundred
Thirty-five dollars
Total amount of CONTRACTOR'S Bid (Sum of Bid Schedules A, B & C) per
agreement year in numbers:
$676.135.00
In the event of a discrepancy between the individual bid item costs and the
extended bid totals, the properly extended bid item costs will govern.
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). 1&2 has/have been received and is/are included in this bid.
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 15 of 58
CITY OF CARLSBAD
EXHIBIT "A"
MANNER OF PERFORMING SERVICES
TRAFFIC SIGNAL MAINTENANCE SERVICES
BID NO. 10-02
TRAFFIC SIGNAL MAINTENANCE
QUALITY STANDARDS
PART I GENERAL SPECIFICATIONS
&
PART II TECHNICAL SPECIFICATIONS
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 16 of 58
MAINTENANCE QUALITY STANDARDS
MAINTENANCE THEORY
Quality maintenance includes all the necessary tasks required to keep equipment
in a safe economical and dependable operation. Scheduled routine maintenance
on Traffic Signal equipment will not only prolong the life of the equipment, but will
greatly reduce the overall outlay of financial resources by both the owner and the
service company. Eventually all equipment will wear out or be replaced by new
technology. However, the Traffic Signal maintenance contractor has a
responsibility to maximize the life and economic operation of the equipment.
EQUIPMENT & ENCLOSURES:
The equipment enclosures and equipment are to be cleaned, kept free of dust,
lint, oil residue, dusts and debris. Units shall be maintained in a reasonably clean
and dry condition. Oil spills shall be cleaned up immediately and reported to the
Inspector. Cleaning these enclosures will be performed in accordance with the
contractor's maintenance guide.
Code authorities prohibit the storage of equipment and parts not relative to the
operation and maintenance of the Traffic Signal equipment in the enclosures.
Spare Traffic Signal parts and wiring diagrams will be kept orderly in storage
cabinets provided for the job by the Traffic Signal maintenance contractor. Up to
date service charts, callback logs, and Material Data Sheets for any chemicals
utilized by the maintenance contractor will be readily accessible. All chemicals
must be properly labeled.
All fastenings and screws will be secured and tightened. Missing screws shall be
replaced. Operating Panels, Indicators and markings shall be maintained as
installed. Defaced components will be reported to the Inspector. Equipment
enclosures and doors shall be kept locked to prevent unauthorized access.
SAFETY
Safety awareness is of the utmost importance when working on Traffic Signal
equipment, not only for the mechanic and City Staff but also the casual observer
who may wander into a work area unannounced. Traffic Control devices,
barricades, proper tools and safety equipment will be proved by the Traffic Signal
contractor to minimize risk of exposure to danger to employees and public. Under
no circumstances should work be performed in un-barricaded areas. If
continuous work is performed, doors should be closed when the immediate area
is unattended.
Strict adherence to the lock out tag out procedure shall be enforced.
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 17 of 58
All safety devices and circuits shall operate as intended. They shall not be
overridden and must operate in compliance with applicable codes. Unsafe
equipment or conditions will be corrected or reported to the proper personnel
immediately. Under no circumstances shall unsafe equipment be put into
operation. Periodic checks will be performed to ensure proper operation of all
safety devices.
CONTROLS & OTHER EQUIPMENT
Controls and other operational apparatus will be kept clean, properly lubricated
and adjusted as required; relays and contactors shall be kept clean and
operating without excessive arc. All electrical connections shall be tight, taped
and tagged when not in use. Coils, contacts, relays and resistors showing signs
of deterioration shall be repaired or replaced as necessary. Care must be
exercised when handling printed circuit boards. Proper grounding is necessary
when handling some versions of solid-state boards. The Traffic Signal
maintenance contractor shall maintain sufficient stock of repair parts, or shall
insure that sufficient repair items are in stock locally or shall insure that the
contractor has access to spares for overnight delivery.
All modes, programs and operations shall be maintained as originally intended,
engineered, and manufactured.
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 18 of 58
PARTI
GENERAL SPECIFICATIONS
DEFINITIONS
Whenever the following terms are used in this agreement, they shall have the
following meaning:
A. "AFTER REGULAR HOURS" - Work Performed by the CONTRACTOR
on Saturday, Sunday, City of Carlsbad Holidays, or hours outside of
REGULAR HOURS.
B. "BID ITEM" - Individual items of work in the CONTRACTOR'S bid at an
agreed price for the work.
C. "CITY" - The CITY of Carlsbad.
D. "CITY MANAGER" - The fully appointed CITY MANAGER of the CITY or
his authorized representative.
E. "CONTRACT ADMINISTRATOR" - The PUBLIC WORKS DIRECTOR'S
designee for bidding, awarding and administering the CONTRACTOR'S
work under this agreement.
F. "CONTRACTOR" - The managing individual of the contracting entity or his
authorized employees or representatives.
G. "EXTRA WORK" - Work Tasks authorized by the CONTRACT
ADMINISTRATOR that are not included in ROUTINE
MAINTENANCE/REPAIRS (Bid Schedule "A").
H. "FULLY OPERATIONAL" - In a condition to undertake the function to
adequately perform as a Traffic Signal.
I. "INSPECTOR" - The CITY'S/CONTRACT ADMINISTRATOR'S field
representative for work performed by the CONTRACTOR.
J. "PERIODIC INSPECTION" - Routinely scheduled or randomly noticed
inspection or audit conducted by CITY.
K. "PUBLIC WORKS DIRECTOR" - The official designated as the Public
Works Director of CITY, or any of his authorized representatives.
L. "REGULAR HOURS"- Normal business hours are hours between 7:OOAM
and 5:OOPM Monday through Friday excluding City of Carlsbad holidays.
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 19 of 58
M. "REPAIRS" - REGULAR HOUR REPAIRS and AFTER REGULAR
HOURS REPAIRS include work required to maintain the serviceability of
Traffic Signal equipment specified under this agreement that are outside
the scope of the ROUTINE MAINTENANCE/REPAIRS bid schedule.
REGULAR HOUR REPAIRS occur during REGULAR HOURS and
AFTER REGULAR HOURS REPAIRS are work outside of normal
business hours as indicated in the CONTRACTOR'S Proposed Cost of
Services Chart and shall be compensated at the Bid Item Rate for each
item. REGULAR HOUR REPAIRS and AFTER REGULAR HOURS work
must be authorized by the CONTRACT ADMINSITRATOR prior to the
CONTRACTOR performance.
N. "ROUTINE MAINTENANCE/REPAIRS" - Work specified in the ROUTINE
MAINTENANCE/REPAIRS schedule of this agreement (Bid Schedule "A",
that consist of work performed by the Contractor at a fixed price cost
during "REGULAR HOURS".
O. "SPECIAL PROJECTS" - Repairs and/or services for which 1) a specific
lump sum or agreed price job quote has been received, 2) the work has
been authorized by the CONTRACT ADMINISTRATOR or designee, and
3) the work schedule has been mutually agreed.
1.00 STANDARDS OF WORK AND CONTRACTOR RESPONISBILITY
1.01 The CONTRACTOR shall perform the work described herein in a thorough
and professional manner so that the City of Carlsbad is provided with
reliable and high quality Traffic Signal Maintenance services at all times.
1.02 The CONTRACTOR shall furnish, at CONTRACTOR'S own expense, all
labor, tools, equipment, and materials necessary, unless specifically
excluded herein, to perform ROUTINE MAINTENANCE/REPAIRS at the
Bid Item price. The CONTRACTOR shall furnish, at CONTRACTOR'S
own expense, tools and equipment necessary, unless specifically
excluded herein, to perform regular and after hours authorized repairs at
the Bid Item price. Cost of parts shall be paid at the CONTRACTOR'S
invoice cost for parts plus the percentage of markup indicated in this bid.
1.03 The CONTRACTOR'S forces shall leave work areas free of all dirt, litter,
lubricants, or other materials utilized to perform maintenance services.
The CONTRACTOR shall erect barricades, warning signs and any other
devices to prevent unauthorized access by the public or unauthorized City
staff to work areas.
1.04 Traffic Signal maintenance and repair shall be performed in accordance
with accepted standards for Traffic Signal maintenance and repair to the
satisfaction of the CONTRACT ADMINISTRATOR or his designee.
CONTRACTOR shall immediately respond when notified by CITY to
correct unsatisfactory work at no additional charge.
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 20 of 58
1.05 The CONTRACTOR shall maintain individual repair and maintenance logs
listing all work performed under this agreement. These Logs shall be
submitted, or shall be available via website to the CONTRACT
ADMINSTRATOR on a monthly basis. Logs shall indicate the date of
service, time of service, service performed, the technician performing
service and any other information that may affect current or future
operation of the Traffic Signals. The CONTRACTOR shall report these
locations, by intersection, to CITY'S CONTRACT ADMINISTRATOR, or
designee, within 48 hours. (Deductions may be made from the
CONTRACTOR'S payments if maintenance and repair tasks are not
reported to CITY within the time allowed.)
1.06 The CONTRACTOR shall, during the term of this CONTRACT, respond to
all callbacks to the satisfaction of the CONTRACT ADMINISTRATOR,
within the time specified within this agreement. Failure to comply with this
requirement will result in a reduction in payment to the CONTRACTOR as
determined appropriate by the CONTRACT ADMINISTRATOR. Call-out
response time during normal service hours shall not exceed thirty (30)
minutes. In cases where delays are anticipated to exceed thirty (30)
minutes, CONTRACTOR shall notify the City immediately with an
estimated time of arrival. In no case shall initial response time exceed one
(1) hour. A greater response time may result in assessment of liquidated
damages.
1.07 The CONTRACTOR shall prepare and submit an annual schedule for
ROUTINE MAINTENANCE to the CONTRACT ADMINISTRATOR for
approval. The ROUTINE MAINTENANCE schedule shall be adhered to by
CONTRACTOR unless deviation from the approve schedule is authorized
by the CONTRACT ADMINISTRATOR.
1.08 CONTRACTOR will provide service twenty-four (24) hours per day for the
servicing of all equipment covered by this agreement. An IMSA/TSA
Level II or higher technician will respond immediately upon notification in a
vehicle with aerial capabilities. This vehicle shall be equipped with
equipment and materials necessary to restore safe operation of the
intersection. If the CONTRACTOR is contacted after normal working
hours and determines that aerial capabilities are not necessary based on
the information provided, initial response may be made in a service
vehicle. However, if the CONTRACTOR opts to respond in a service
vehicle and aerial capabilities are required, the City will not pay any costs
associated with retrieval of an aerial vehicle.
2.00 TRAFFIC SIGNAL EQUIPMENT TO BE MAINTAINED
2.01 The service areas and frequencies of service under the provisions of this
CONTRACT are detailed in the CONTRACTORS Proposed Cost of
Services Chart and include a minimum of 170 signalized intersections
located in the City of Carlsbad.
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 21 of 58
2.02 The detailed ROUTINE MAINTENANCE requirements and equipment list
requiring service under the provisions of this CONTRACT are detailed in
Appendix "D".
2.03 CONTRACTOR acknowledges personal inspection of the sites and the
surrounding areas and has evaluated the extent to which the physical
condition thereof will affect the services to be provided. CONTRACTOR
accepts the premises in their present physical condition, and agrees to
make no demands upon CITY for any improvements or alterations thereof.
3.00 PAYMENT AND INVOICES
3.01 The CONTRACTOR shall present monthly invoices, for all work performed
during the preceding month. Said invoice shall include all required
certifications and reports as specified hereinafter. The invoice shall be
submitted on or before the fifth (5th) day of each month in the amount of
the compensation to be paid by the CITY for all services rendered by the
CONTRACTOR under the terms and conditions of this CONTRACT. Said
payment shall be made within thirty (30) days upon receiving the invoices,
providing that all work performed during the preceding month has been
inspected and accepted by the CONTRACT ADMINISTRATOR and that
applicable certifications have been submitted in accordance with the
provisions of this CONTRACT.
3.02 The CONTRACTOR'S monthly invoices for ROUTINE MAINTENANCE
and ROUTINE MAINTENANCE/REPAIRS shall be prepared and
submitted in an electronic format, clearly indicating the Purchase Order
number, unit price, total work performed and correctly extended totals for
each individual BID ITEM or separate item of work. An invoice format
shall be submitted to the CONTRACT ADMINISTRATOR for approval.
CONTRACTOR shall submit a fully itemized monthly bill to the
CONTRACT ADMINISTRATOR, or his authorized representative.
3.03 Separate invoices for approved NORMAL HOURS REPAIRS AND AFTER
HOURS REPAIRS shall be prepared and submitted in an electronic format
acceptable to the CONTRACT ADMINISTRATOR, including attachments,
such as copies of suppliers' invoices, which the CONTRACT
ADMINISTRATOR may require to verify CONTRACTOR'S billing. Unless
otherwise requested by the CONTRACT ADMINISTRATOR, one invoice
shall be submitted for each discrete and complete REPAIR or AFTER
HOURS REPAIR.
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 22 of 58
3.04 All CONTRACTOR invoices must contain the following:
1. intersection description/name
2. intersection number
3. authorizing party/caller
4. time call is received
5. description of complaint
6. call summary code
7. time of arrival
8. corrective measures taken
9. materials used and associated material costs
10. status upon departure
11. time of departure
12. unique invoice number
13. incident number
3.05 In the event the CITY transfers title, maintenance responsibility, or
changes service frequency of a portion thereof, this CONTRACT shall
continue in full force and effect, except said portion, at the discretion of the
CONTRACT ADMINISTRATOR, may be deleted from the agreement and
the CONTRACT sum shall be reduced accordingly.
3.06 The CONTRACT ADMINISTRATOR may, at his discretion, add new
Traffic Signals to be maintained and/or repaired and/or require additional
services. The CONTRACTOR shall be compensated for the additional
facilities or services that are designated after the date of the
commencement of this CONTRACT based on an extension of existing bid
prices or in the case of Traffic Signal that is substantially different than
other signals, a negotiated proposal. Proposal costs shall not exceed
customary costs of similar equipment as submitted in the REQUEST FOR
BIDS or as adjusted in accordance with subsequent amendments to the
agreement. The CONTRACT ADMINISTRATOR shall notify the
CONTRACTOR of additions, reductions or deletions of areas to be
serviced in writing.
4.00 ENFORCEMENT. DEDUCTIONS AND LIQUIDATED DAMAGES
4.01 The CONTRACT ADMINISTRATOR shall be responsible for the
enforcement of this CONTRACT on behalf of CITY. In addition to
deductions stipulated in other sections of this agreement, the CONTRACT
ADMINISTRATOR may enforce deductions in accordance with Section
4.00.
4.02 The CONTRACT ADMINISTRATOR shall prepare and implement an
INSPECTION RATING SYSTEM to be used to verify monthly payments
and deductions from payments (see sample rating system as Appendix
"B"). This form and system may be modified at the discretion of the
CONTRACT ADMINISTRATOR.
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 23 of 58
4.03 The CONTRACTOR agrees to be so evaluated by said system and bound
by the ratings and/or deductions from payments indicated in the monthly
INSPECTION RATING SYSTEM report. To avoid deductions from
payment, CONTRACTOR must receive a rating of 95 or higher per service
area as described in Appendix "B".
4.04 If, in the judgment of the CONTRACT ADMINISTRATOR, the
CONTRACTOR is deemed to be non-compliant with the terms and
obligations of the CONTRACT, the CONTRACT ADMINISTRATOR, may,
in addition to other remedies provided herein, withhold the entire monthly
payment, deduct pro-rata from the CONTRACTOR'S invoice for work not
performed, and/or deduct liquidated damages. Notification of the amount
to be withheld or deducted from payments to CONTRACTOR will be
forwarded to the CONTRACTOR by the CONTRACT ADMINISTRATOR
in a written notice describing the reasons for said action. The monthly
INSPECTION RATING SYSTEM report shall constitute reason for any
deductions so imposed. Liquidated damages shall be equal to Two
Hundred and Fifty dollars ($250) per calendar day. By submitting a bid
the CONTRACTOR agrees to a Liquidated damages equal to Two
Hundred and Fifty ($250) dollars per calendar day.
4.05 The action above shall not be construed as a penalty but as adjustment of
payment to CONTRACTOR to recover cost or loss due to the failure of the
CONTRACTOR to complete or comply with the provisions of this
CONTRACT.
5.00 INSPECTIONS. MEETINGS. & REPORTS
5.01 CITY reserves the right to perform inspections, including inspection of
CONTRACTOR'S equipment, at any time for the purpose of verifying
CONTRACTOR'S performance of CONTRACT requirements and
identifying deficiencies.
5.02 The CONTRACTOR or his authorized representative shall meet with the
CONTRACT ADMINISTRATOR or his representative on each site at the
discretion and convenience of the CONTRACT ADMINISTRATOR, for
walk-through inspections. All routine maintenance functions shall be
completed prior to this meeting.
5.03 At the request of the CONTRACT ADMINISTRATOR, the CONTRACTOR,
or his appropriate representative, shall attend meetings and/or training
sessions, as determined by the CONTRACT ADMINISTRATOR, for
purposes of orientation, information sharing, CONTRACT revision,
description of CITY policies, procedures, standards, and the like.
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 24 of 58
5.04 CONTRACTOR shall provide to the CONTRACT ADMINISTRATOR such
written documentation and/or regular reports as the CONTRACT
ADMINISTRATOR deems necessary to verify and review
CONTRACTOR'S performance under this CONTRACT and to provide to
the CONTRACT ADMINISTRATOR pertinent information relative to the
maintenance, operation, and safety of the TRAFFIC SIGNALS.
6.00 TRAFFIC CONTROL
6.01 Prior to any work in the public right-of-way, the CONTRACTOR shall
submit typical traffic control plans for approval for work performed in the
CITY right-of-way. The CONTRACTOR shall submit supplementary traffic
control plans for unusual circumstances that are out of the ordinary for
right-of-way maintenance. A traffic control system consists of closing
traffic lanes or pedestrian walkways in accordance with the details shown
on the plans, California Manual on Uniform Traffic Control Devices (FHWA
MUTCD 2003 Revision 1, as amended for use in California). The
provisions in this section will not relieve the Contractor from its
responsibility to provide such additional devices or take such measures as
may be necessary to maintain public safety.
6.02 When lanes are closed for only the duration of work periods, all
components of the traffic control system, except portable delineators
placed along open trenches or excavation adjacent to the traveled way,
shall be removed from the traveled way and shoulder at the end work
period. If the Contractor so elects, said components may be stored at
selected central locations, approved by the Engineer, within the limits of
the right-of-way.
6.03 The CONTRACTOR shall comply with all requirements of the City Traffic
Engineer and shall bear all costs of required traffic control including, but
not limited to signs, cones, markers, flagmen, etc.
6.04 The Contractor shall prepare and implement traffic control plans and shall
furnish all labor and materials to perform, install, maintain, replace and
remove all traffic control as incidentals to the work with which they are
associated and no other compensation will be allowed therefore.
7.00 CONTRACTOR'S DAMAGES
7.01 All damages incurred to existing facilities by the CONTRACTOR'S
operation shall be repaired or replaced, by the CONTRACTOR or by other
forces, all at the discretion of the CONTRACT ADMINISTRATOR, all at
the CONTRACTOR'S expense.
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 25 of 58
8.00 COMMUNICATIONS AND RESPONSE
8.01 The CONTRACTOR shall, during the term of this CONTRACT, maintain
two twenty-four (24) hour emergency telephone numbers, toll free to a
San Diego region area code. For hours beyond a normal 8 AM to 5 PM
business day, an answering service shall be considered an acceptable
substitute. Answering machines are not acceptable. This phone number
will be made available to all persons designated by the City.
8.02 All requests for services shall require a qualified technician to be
dispatched to, and to arrive, at the required location as soon as possible
or within one (1) hour of notification to the satisfaction of the CONTRACT
ADMINISTRATOR. If any emergency service request is not responded to
in one (1) hour, the CONTRACT ADMINISTRATOR shall be notified
immediately of the reason for not meeting the required response time
followed by a written report to the CONTRACT ADMINISTRATOR within
two (2) working days. In no case shall initial response time exceed two (2)
hours. A greater response time may result in assessment of liquidated
damages.
8.03 Whenever immediate action is required to prevent possible injury, death,
or property damage, CITY may, after reasonable attempt to notify the
CONTRACTOR, cause such action to be taken by alternate work forces
and, as determined by the CONTRACT ADMINISTRATOR, charge the
cost thereof to the CONTRACTOR, or deduct such cost from any amount
due to the CONTRACTOR. This deduction shall include a markup for
administrative costs equal to fifteen (15) percent of the actual costs
incurred.
8.04 The CONTRACTOR shall maintain a written log of all communications, the
date and the time thereof and the action taken pursuant thereto or the
reason for non-action. Said log of complaints shall be open to the
inspection of the CONTRACT ADMINISTRATOR at all reasonable times.
8.05 CONTRACTOR'S supervisor shall carry cellular telephones with local San
Diego region area code. Supervisor shall respond to any call from the
CITY within thirty (30) minutes at any time.
9.00 SAFETY
9.01 CONTRACTOR agrees to perform all work outlined in this CONTRACT in
such a manner as to meet all accepted standards for safe practices during
the performance of his duties and to safely maintain stored equipment,
machines, and materials or other hazards consequential or related to the
work; and agrees additionally to accept the sole responsibility for
complying with all CITY, County, State or Federal requirements at all
times so as to protect all persons, including CONTRACTOR'S employees,
agents of the CITY, CONTRACTORS, members of the public or others
from foreseeable injury, or damage to their property. CONTRACTOR
shall make annual inspections for any potential hazards at said sites and
keep a log indicating date inspected and action taken.
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 26 of 58
9.02 CONTRACTOR shall notify the CONTRACT ADMINISTRATOR
immediately of any occurrence of accident, injury, or persons requiring
emergency services and, if so requested, shall prepare a written report
thereof to the CONTRACT ADMINISTRATOR within three (3) calendar
days following the occurrence. CONTRACTOR shall cooperate fully with
the CITY in the investigation of any such occurrence.
10.00 HOURS AND DAYS OF SERVICES
10.01 The acceptable daily hours of ROUTINE MAINTENANCE/REPAIRS shall
be 7:00 am to 5:00 pm, Monday through Friday excluding City Holidays
which shall be considered normal work hours as may pertain to any other
provision of the CONTRACT. Issues reported to the Contractor during the
hours of 7:00 am to 5:00 pm will be considered normal work hours and
payment will be made in accordance with the provisions regardless of the
time the CONTRACTOR arrives and performs the work.
10.02 CONTRACTOR shall provide staffing to perform the required services
during the prescribed hours as specified in these contract documents. Any
changes in the days and hours of operation heretofore prescribed shall be
subject to approval by the CONTRACT ADMINISTRATOR.
10.03 Per State of California Labor Code, CONTRACTOR is directed to the
following prescribed requirement with respect to the hours of employment.
Eight (8) hours of labor under this CONTRACT shall constitute a legal
day's work and said CONTRACTOR shall not require or permit any
laborer, worker or mechanic, or any subcontractor employed by him to
perform any of the work described herein to labor more than eight (8)
hours during any one day or more than forty (40) hours during any one
calendar week, except as authorized by State of California Labor Code
Section 1815.
11.00 ROUTINE MAINTENANCE SCHEDULES
11.01 The CONTRACTOR shall, within thirty (30) days after the award of bid of
this CONTRACT, submit annual work schedules to the CONTRACT
ADMINISTRATOR for review and approval. Said work schedules shall
identify required operations and delineate the time frames for
performance. A Routine Operations Schedule shall include all tasks
required at the intervals required. The CONTRACTOR shall submit
annual schedules for each successive annual contract period whether due
to a second agreement year in the first contract term or in additional
contract years in successive amendments to the original agreement.
The CONTRACTOR shall submit revised schedules when actual
performance differs substantially from planned performance, and from
time to time as requested by the CONTRACT ADMINISTRATOR. Said
revisions shall be submitted to the CONTRACT ADMINISTRATOR for his
review and approval, within five (5) working days prior to the original or
revised scheduled time for the work, whichever is earlier.
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 27 of 58
12.00 CONTRACTOR'S STAFF AND TRAINING
12.01 The CONTRACTOR shall provide sufficient personnel to perform all work
in accordance with the specification set forth herein.
12.02 In cooperation with the Carlsbad Police Department, CONTRACTOR
agrees to, and to pay for, background checks if required by the
CONTRACT ADMINISTRATOR on all personnel providing Traffic Signal
services for this contract. In the event such background check reveals an
item, which Carlsbad Police deems a security problem, City may request
that such individual be removed from the list of personnel authorized to
provide services to the CITY.
12.03 CONTRACTOR'S personnel shall possess the minimum qualifications for
the position in which each is working.
12.04 CONTRACTOR shall use only Level II or higher IMSA certified technicians
to service, maintain, and make necessary repairs to traffic signal devices
within the confines of controller cabinet. Skilled laborers may make
hardware repairs under the direct supervision of the Level II technician.
No work will occur at any signalized intersection under this agreement
without a Level II or higher technician present at all times unless otherwise
previously approved in writing by the CONTRACT ADMINISTRATOR or
appointed designee.
CONTRACTOR will provide a minimum of two (2) IMSA/TSA Level II or
higher technicians to perform routine maintenance inspections and
complete associated repairs during normal service hours for approval by
the CONTRACT ADMINISTRATOR. CONTRACTOR will provide
additional staff as needed for call-out response and troubleshooting
services.
12.05 CONTRACTOR shall have a "Local" representative with authority to
contractually bind CONTRACTOR in matters, which may arise during this
agreement performance period. "Local" in the context of this agreement is
defined as the southern California metropolitan area consisting of San
Diego, Orange, Los Angeles or Riverside counties. CONTRACTOR shall
provide, prior to commencement of work under this Agreement, in writing
to the CONTRACT ADMINISTRATOR, a statement indicating by name the
specific authority vested in the "Local" representative. CONTRACTOR'S
"Local" representative shall be responsible for instructing and training of
CONTRACTOR'S personnel in the proper and specified work method and
procedures; directing, scheduling, and coordinating all services and
functions to completely accomplish the work as required by this
Agreement. The "local" representative shall be available for consultation
regarding problems on a daily basis at some time during regular working
hours (7:00 a.m. to 5:00 p.m., Monday through Friday excluding City
holidays).
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 28 of 58
12.06 Each crew of CONTRACTOR'S employees shall include at least one
individual who speaks the English language proficiently. For the purposes
of this section a crew is understood to be any individual worker or group of
workers who might service any site without other CONTRACTOR'S
supervisory personnel present.
12.07 The CONTRACT ADMINISTRATOR may at any time give CONTRACTOR
written notice to the effect that the conduct or action of a designated
employee of CONTRACTOR is, in the reasonable belief of the
CONTRACT ADMINISTRATOR, detrimental to the interest of the public
patronizing the premises. CONTRACTOR shall meet with representatives
of the CONTRACT ADMINISTRATOR to consider the appropriate course
of action with respect to such matter and CONTRACTOR shall take
reasonable measures under the circumstances to assure the CONTRACT
ADMINISTRATOR that the conduct and activities of CONTRACTOR'S
employees will not be detrimental to the interest of the public patronizing
the premises.
12.08 The CONTRACT ADMINISTRATOR may at any time order any of the
CONTRACTOR'S personnel removed from the premises when, in the
reasonable belief of the CONTRACT ADMINISTRATOR, said
CONTRACTOR'S personnel is objectionable, unruly, unsafe, or otherwise
detrimental to the interest of the CITY or the public patronizing the
premises
12.09 The CONTRACTOR shall require each of his personnel to adhere to basic
public works standards of working attire including uniform shirts and/or
vests clearly marked with the CONTRACTOR'S company name and
employee name badges as approved by the CONTRACT
ADMINISTRATOR. Sufficient changes shall be provided to present a neat
and clean appearance of the CONTRACTOR'S personnel at all times.
Shirts shall be worn and buttoned at all times. CONTRACTOR'S
personnel shall be equipped with proper shoes and other gear required by
Local, State and Federal Safety Regulations.
12.10 The CONTRACTOR'S staff shall wear uniforms that clearly indicate the
name of the CONTRACTOR performing service under this agreement. In
addition, the CONTRACTOR shall insure that all staff are issued high
visibility safety vests and hard hats and shall be responsible for insuring
that all safety equipment is worn when required.
13.00 NON-INTERFERENCE-NOISE
13.01 CONTRACTOR shall not interfere with the public use of the premises and
shall conduct its operations as to offer the least possible obstruction and
inconvenience to the public or disruption to the peace and quiet of the
area within which the services are performed.
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13.02 In the event that the CONTRACTOR'S operations must be performed
when persons of the public are present, CONTRACTOR shall courteously
inform said persons of any operations that might affect them and, if
appropriate, request persons to move out of the work area.
14.00 DRUG AND ALCOHOL FREE WORKPLACE
14.01 The CITY is committed to maintaining a work environment free from the
effects of drugs and alcohol consistent with the directives of the Drug Free
Workplace Act. As a condition of this agreement, CONTRACTOR and
CONTRACTOR'S employees shall assist meeting the requirements of this
policy as set forth in the "City of Carlsbad Drug and Alcohol Use Policy"
incorporated by reference herein.
CONTRACTOR agrees that CONTRACTOR and CONTRACTOR'S
employees, while performing services for the CITY, on CITY property, or
while using CITY equipment will not be in possession of, use, or be under
the influence of drugs or alcohol.
CONTRACTOR has the duty to inform all employees or agents of
CONTRACTOR that are performing service for CITY on CITY property or
using CITY equipment of the CITY'S objective of a safe, healthful and
productive workplace and the prohibition of drug or alcohol possession,
use or impairment from same while performing such service for CITY.
CITY has the right to terminate, or declare this or any other agreement
CONTRACTOR has with the CITY in DEFAULT if CONTRACTOR'S
employees are determined by the CONTRACT ADMINISTRATOR to have
breached the provisions of Section 15 herein as interpreted and enforced
pursuant to the provision of the "City of Carlsbad Drug and Alcohol Use
Policy".
15.00 ASSIGNMENT OF CONTRACT
15.01 CONTRACTOR shall not assign this contract or any part thereof and or
monies due there under without the prior written consent of the
CONTRACT ADMINISTRATOR.
16.00 EXTRA WORK
16.01 The CITY may award EXTRA WORK to the CONTRACTOR, or to other
forces, at the discretion of the CONTRACT ADMINISTRATOR. New or
unforeseen work will be classified as "Extra Work" when the CONTRACT
ADMINISTRATOR determines that it is not covered by CONTRACT unit
prices. Adjustment in payment for Extra Work shall be performed by
agreement between the CONTRACT ADMINISTRATOR and the
CONTRACTOR or on a NEGOTIATED PROPOSAL AND ACCEPTANCE
basis in accordance with Section 17.00 or on a TIME AND MATERIALS
basis in accordance with Section 18.00.
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16.02 If the CONTRACT ADMINISTRATOR determines that the Extra Work can
be performed by CONTRACTOR'S present work force, CONTRACT
ADMINISTRATOR may authorize modification of the CONTRACTOR'S
Routine Operations Schedule or Annual Calendar in order to compensate
CONTRACTOR for performing said work.
16.03 Prior to performing any Extra Work, the CONTRACTOR shall prepare and
submit a written proposal including a description of the work, a list of
materials, and a schedule for completion. No work shall commence
without written approval of the CONTRACTOR'S proposal by the
CONTRACT ADMINISTRATOR. This proposal is subject to acceptance
or negotiation by the CONTRACT ADMINISTRATOR.
16.04 In the event that CONTRACTOR'S proposal for Extra Work is not
approved, the CONTRACT ADMINISTRATOR reserves the right to
perform such work with other forces or to compel the CONTRACTOR to
perform the work on a TIME AND MATERIALS Basis. Invoices for
EXTRA WORK on a TIME AND MATERIALS basis are subject to
CONTRACTOR markup in accordance with the CONTRACTOR'S
Proposed Cost of Services chart.
16.05 When a condition exists which the CONTRACT ADMINISTRATOR deems
urgent, the CONTRACT ADMINISTRATOR may verbally authorize the
work to be performed upon receiving a verbal estimate from the
CONTRACTOR. However, within twenty-four (24) hours after receiving a
verbal authorization, the CONTRACTOR shall submit a written estimate,
consistent with the verbal authorization, to the CONTRACT
ADMINISTRATOR for approval.
16.06 All Extra Work shall commence on the specified date established and
CONTRACTOR shall proceed diligently to complete said work within the
time allotted.
17.00 NEGOTIATED PROPOSAL AND ACCEPTANCE
17.01 The CITY may award work to the CONTRACTOR, at the discretion of the
CONTRACT ADMINISTRATOR. New work will be awarded on a
negotiated proposal and acceptance basis as when the CONTRACT
ADMINISTRATOR determines that it is appropriate to negotiate a fixed
price for work in lieu of utilizing unit prices. Payment for Work shall be
performed by negotiated agreement between the CITY and the
CONTRACTOR or on a TIME AND MATERIALS basis in accordance with
the CONTRACTOR'S Proposed Cost of Services chart.
17.02 Prior to performing any work, the CONTRACTOR shall prepare and
submit a written proposal including a description of the work, a list of
materials, and a schedule for completion. No work shall commence
without written approval of the CONTRACTOR'S proposal by the
CONTRACT ADMINISTRATOR. This proposal is subject to acceptance
or negotiation by the CONTRACT ADMINISTRATOR.
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17.03 All work shall commence on the specified date established and
CONTRACTOR shall proceed diligently to complete said work within the
time allotted.
18.00 TIME AND MATERIALS
18.01 In the event that the CONTRACT ADMINISTRATOR determines that work
requested is of an unknown duration, not easily quantified or the
CONTRACTOR'S proposal for work is not approved, the CONTRACT
ADMINISTRATOR reserves the right to perform such work with other
forces or to compel the CONTRACTOR to perform the work on a TIME
AND MATERIALS basis.
18.02 The CONTRACT ADMNISTRATOR may direct CONTRACTOR to
proceed by allowing him/her to use the following rates or percentages as
added costs for the markup of all overhead and profits:
1) Labor As Stipulated in CONTRACTOR'S Proposed Cost of
Services chart.
2) Materials As Stipulated in CONTRACTOR'S Proposed Cost of
Services chart.
3) Equipment Rental 15
4) Other Items and Expenditures .... 15
Regardless of ownership, the rates and right-of-way delay factors to be
used in determining rental and delay costs shall be the edition of the,
Labor Surcharge and Equipment Rental Rates published by CALTRANS,
current at the time of the actual use of the tool or equipment. The right-of-
way delay factors therein shall be used as multipliers of the rental rates for
determining the value of costs for delay to the CONTRACTOR and
subcontractor, if any. The labor surcharge rates published therein are not
a part of this contract."
18.03 All work shall commence on the specified date established and
CONTRACTOR shall proceed diligently to complete said work within the
time allotted.
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 32 of 58
PART II
TECHNICAL SPECIFICATIONS
19.00 DUTIES OF THE CONTRACTOR / GENERAL
19.01 All work performed under this agreement will be categorized as 1)
ROUTINE MAINTENANCE/REPAIRS, 2) REGULAR HOURS REPAIRS,
3) AFTER REGULAR HOURS REPAIRS, or 4) SPECIAL PROJECTS.
19.02 The maintenance of all components within the confines of the cabinet (i.e.
detectors, load switches, etc.) shall be the responsibility of the
CONTRACTOR and shall be inspected each month for proper function.
When a component must be removed from the intersection for repair, a
like component will be provided and installed by the CONTRACTOR in
place of the component requiring repairs. All repairs shall be the
responsibility of the CONTRACTOR and the component shall be returned
immediately upon completion of the repairs.
19.03 Prior to If, in the opinion of the CONTRACTOR, any controller mechanism
has become obsolete or deteriorated beyond the point of repair, the
CONTRACTOR shall notify the CONTRACT ADMINISTRATOR and
demonstrate or otherwise provide evidence that replacement is necessary.
No permanent change of control mechanisms shall be done without prior
approval of the CONTRACT ADMINISTRATOR.
19.04 In the event that the CONTRACTOR, at any time, finds an unsafe
situation, CONTRACTOR shall make any repairs necessary to return the
intersection to a safe operating condition. CONTRACTOR shall then
report to the CONTRACT ADMINISTRATOR immediately upon
completion of the repair. Red Flash is considered a safe operation for this
purpose.
19.05 Any deficiencies that require attention but do not constitute an unsafe
situation will be referred to the CONTRACT ADMINISTRATOR or
appointed designee immediately if possible but in all cases by the end of
the work day in which the inspection occurred. The CONTRACT
ADMINISTRATOR or appointed designee will elect to make the repairs in-
house or assign the CONTRACTOR an incident number authorizing the
CONTRACTOR to make the repairs. If referred to the Contractor, repairs
will be treated as "ROUTINE MAINTENANCE/REPAIRS" or as
REGULAR HOURS REPAIRS" These repairs will be scheduled and
payment will be made in accordance with the bid documents unless the
CONTRACT ADMINISTRATOR determines that repairs must be made
outside normal service hours.
20.00 ROUTINE MAINTENANCE
20.01 All graffiti (including but not limited to paint, signs, flyers, and tape) shall
be removed by the CONTRACTOR.
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20.02 CONTRACTOR shall maintain a clear radius of not less than 10' from the
cabinet center. This area shall be clear of intrusion by vegetation
including branches, bushes, and landscaping so that both doors are
readily accessible and have full range of motion.
20.03 CONTRACTOR shall perform monthly routine/preventive inspections at
each signalized intersection during normal service hours based on the
approved schedule. Inspections shall be scheduled so that each
intersection is inspected on approximately the same date each month.
20.04 The monthly inspection shall include a complete check of all timing,
component functions and field appurtenances described in the "Appendix-
D Routine Maintenance Schedules". Every three months, the "Quarterly
Inspection Checklist" will be used in lieu of the "Monthly Inspection
Checklist" for that month's inspection.
20.05 Method of Payment for Routine Maintenance. Each service identified in
Bid Schedule A "ROUTINE MAINTENANCE/REPAIRS" has an associated
bid item price. This bid item price includes all materials, labor, and
equipment required to provide the services indicated in the bid schedule.
Amounts indicated in the bid schedule are estimates based on
maintenance history and anticipated City needs. Quantities indicated are
not guaranteed. The actual quantities may differ. The CONTRACTOR
will be compensated for actual work performed.
21.00 ROUTINE REPAIRS
21.01 Light Emitting Diode (LED) Replacement. The CONTRACTOR shall
remove and replace LED due to malfunction.
21.02 Illuminated Street Name Sign (ISNS) re-lamping. The CONTRACTOR
shall remove and replace all ISNS lamps and the PE cell. Contractor shall
clean panels and verify proper closure. Contractor shall inspect mounting
hardware for corrosion / deterioration
In addition to periodic calls for ISNS service, the City will perform quarterly
night surveillance. The City will provide CONTRACTOR with a list of
inoperative/malfunctioning illuminated street name signs (ISNS).
CONTRACTOR shall inspect each location and determine if re-lamping is
sufficient or if refurbishing is required and make repairs accordingly.
If CONTRACTOR determines that required repairs exceed that which is
covered by re-lamping, the ISNS shall be refurbished. CONTRACTOR
shall remove and replace all components including, but not limited to,
lamps, PE cell, ballast, and the igniter. The CONTRACTOR shall inspect
mounting hardware for corrosion/deterioration and replace/repair as
needed. Refurbishing ISNS shall be paid in accordance with REGULAR
HOUR REPAIRS.
21.03 Pedestrian Head Replacement. The CONTRACTOR shall replace
malfunctioning Pedestrian Heads with standard LED walk/don't walk
symbol indications unless otherwise specified.
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21.04 Red Flash Set/Reset. The CONTRACTOR shall respond immediately to
intersections reported to be in Red Flash operation. Resetting signals on
Red Flash to Normal operation is considered ROUTINE REPAIRS when
calls are received during REGULAR HOURS. Resetting signals found to
be in Red Flash after REGULAR HOURS will be considered AFTER
REGULAR HOURS REPAIRS and associated costs will be paid in
accordance with unit price as bid. CONTRACTOR may, from time to time,
be asked to set signals on RED FLASH for construction, planned power
outage, or special events. CONTRACTOR will set the signal to Red Flash
as authorized by the CONTRACT ADMINISTRATOR or approved
designee and will return and reset the signal to Normal when so
instructed. Calls to set a signal to Red Flash during REGULAR HOURS
will be considered ROUTINE MAINTENANCE. Calls for this service after
normal service hours will be considered AFTER REGULAR HOURS
repairs and associated costs will be paid in accordance with unit price as
bid.
21.05 Test Function/Detection/Cvclinq. The CONTRACTOR shall respond to
calls received during REGULAR HOURS and perform testing of signal
function/detection/cycling issues. These calls shall be considered
ROUTINE MAINTENANCE and associated costs will paid in accordance
the bid item rate for service. Calls received outside normal service hours
will be considered AFTER REGULAR HOURS REPAIRS and costs will be
paid in accordance with unit prices.
21.06 Pedestrian Push Button Replacement. The CONTRACTOR shall replace
malfunctioning pedestrian push buttons as ROUTINE REPAIRS.
Replacement of malfunctioning pedestrian push buttons shall be
scheduled during REGULAR HOURS whenever possible.
21.07 Adjust Signal Timing. The CONTRACTOR shall perform timing
adjustments only when directed to do so, in advance, by the Traffic
Engineer or his appointed designee or to compensate for sudden changes
in traffic conditions or malfunctioning traffic signal equipment that cannot
be repaired or replaced immediately. The CONTRACTOR shall notify the
CONTRACT ADMINISTRATOR of these adjustments immediately upon
completion and obtain approval by the Traffic Engineer. Should the Traffic
Engineer not concur with the temporary timing, CONTRACTOR shall
return to the intersection and make necessary adjustments as instructed.
All temporary timing changes shall be noted on the cabinet log sheet. All
permanent timing changes will also be logged on the timing sheet and a
new timing sheet will be obtained and placed into the cabinet as soon as
possible.
These calls shall be considered ROUTINE REPAIRS and associated
costs will paid in accordance the bid item rate for service. Calls received
outside normal service hours will be considered AFTER REGULAR
HOURS REPAIRS and costs will be paid in accordance with unit prices.
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21.08 LOOP Set Testing. The CONTRACTOR shall report on-going detection
problems to the CONTRACT ADMINISTRATOR for determination if loop-
set testing is required. Loop-set testing shall be performed at the
discretion of the CONTRACT ADMINISTRATOR or appointed designee.
A loop-set is defined as all loops connected to a single lead-in cable of a
single loop detector amplifier in a rack slot. The loop-set testing shall
include disconnecting all loops from the lead-in cable to separate the
individual loop-sets from the slot to be tested, a meg check of each
individual loop and the DLC (detector lead-in cable), and reconnection of
the loops.
21.09 Loop Detector Replacement. Loop detector replacement is not
guaranteed. It is scheduled on an as needed basis only. Compensation
therefore will be at the agreed upon price per loop for actual quantities
only. In most cases, the CONTRACTOR will be required to install (4) or
more loops at one time; however, the City reserves the right to request
fewer than four (4) loops if deemed necessary by the CONTRACT
ADMINISTRATOR or appointed designee.
New loop configuration will be four (4) Type E loops per lane unless
otherwise indicated. Loop installation will include pavement cutting,
placement of the conductors including home run, sealing pavement cuts,
and connection to DLC in pull box so that loop-set is functioning properly
upon completion of the installation. Only IMSA/TSA Level II or higher
technicians are authorized to make loop connections within the cabinet.
21.10 Video Detection Camera Service. The CONTRACTOR shall clean and
verify proper alignment for all video detection cameras. CONTRACTOR
shall check mounting hardware for corrosion and shall adjust and align as
needed. Camera service shall be completed every six months. The
spring service shall begin after March 1 and before April 30. The fall
service shall begin after September 1 and before August 31. Video
detection camera service must be completed within sixty calendar days
following start date.
21.11 Cabinet Filter Replacement. The CONTRACTOR shall replace cabinet
filter every six months. Should CONTRACTOR determine at any other
time that cabinet filter needs to be replaced, approval from the
CONTRACT ADMINISTRATOR or appointed designee shall be obtained
prior to replacement.
21.12 School Flasher Programming. The CONTRACTOR shall program all
school zone warning flashers prior to and upon completion of the school
year. The CONTRACT ADMINISTRATOR will provide an operating
schedule. The CONTRACTOR shall manually enter this information into
the digital clocks at each location.
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 36 of 58
21.13 Conflict Monitor Testing. Within 90 days after execution of this agreement
and annually thereafter, and/or when so instructed by the CONTRACT
ADMINISTRATOR or appointed designee, the CONTRACTOR shall
remove each 2010 ECL conflict monitor for testing in the field. The
CONTRACTOR shall provide all testing equipment and previously tested
conflict monitor units and diode boards for use during the testing period.
Conflict monitors must meet manufacturer's specifications prior to
reinstallation into the cabinet. Copies of test results will be submitted to
the City upon request by the CONTRACT ADMINISTRATOR or appointed
designee. CONTRACTOR must complete conflict monitor testing on all
designated intersections within ninety (90) days or be subject to the
assessment of liquidated damages at the discretion of the CONTRACT
ADMINISTRATOR.
CONTRACTOR will notify the City prior to beginning the conflict monitor
testing. CONTRACTOR shall submit a time schedule for the completion
of the conflict monitor testing program for approval. The CONTRACTOR
shall update the schedule daily during completion.
21.14 UPS Battery Replacement. The CONTRACTOR shall replace batteries for
the uninterruptable power system (UPS) as needed. Batteries not
replaced due to failure must be replaced every five (5) years. When
replaced due to age, all batteries in the system must be replaced.
CONTRACTOR is responsible for appropriate battery recycling/disposal
and all costs associated with disposal.
21.15 Annual Head Cleaning and Mast Arm Inspection. Beginning in January or
as otherwise mutually agreed, CONTRACTOR shall initiate the Annual
Head Cleaning and Mast Arm Inspection. This work must be completed
within ninety calendar days. CONTRACTOR will visually inspect all
overhead equipment for signs of damage and/or deterioration. This
includes the connection of the mast arm to the main pole and all
appurtenances to the mast arm. CONTRACTOR will clean the face of all
indications. For incandescent indications, CONTRACTOR will clean the
reflector and lens also. CONTRACTOR will inspect and ensure proper
electrical connections at all overhead appurtenances including heads,
cameras, Opticom detectors, and signs.
21.16 Method of Payment for Routine Repairs. Each service identified in Bid
Schedule A "ROUTINE MAINTENANCE/REPAIRS" has an associated bid
item price. This bid item price includes all materials and labor required to
provide the services indicated in the bid schedule. Amounts indicated in
the bid schedule are estimates based on maintenance history and
anticipated City needs. Quantities indicated are not guaranteed. The
actual quantities may differ. The CONTRACTOR will be compensated for
actual work performed.
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 37 of 58
22.00 NON-ROUTINE REPAIRS & SPECIAL PROJECTS - EXTRA WORK
22.01 Non Routine Repairs & Special Projects. REPAIRS and/or SPECIAL
PROJECTS requested by the CONTRACT ADMINSTRATOR that are not
included in Bid Schedule A "ROUTINE MAINTENANCE/REPAIRS" shall
be performed by the CONTRACTOR in accordance with Section 16 "Extra
Work", Section 17 "Negotiated Proposal and Acceptance" or Section 18
"Time and Materials" at the discretion of the CONTRACT
ADMINISTRATOR.
Payment for Extra Work on a Negotiated Proposal and Acceptance shall
be compensated as indicated in the proposal submitted by the
CONTRACTOR as accepted by the CONTRACT ADMINISTRATOR.
Payment for Extra Work on a Time and Materials bases shall be
compensated for the prices quoted in Bid Schedule B "ANNUAL
REGULAR HOURS REPAIRS" or as indicated in Bid Schedule C "AFTER
REGULAR HOUR REPAIRS" dependent upon when the CONTRACTOR
is dispatched to perform the work. These REPAIRS will be billed using the
labor rates and markup for parts as indicated in the CONTRACTOR'S bid.
Charges for these services will begin upon arrival on-scene and will end
upon departure. In cases where the time needed to make associated
repairs necessary to return the signal to safe and/or normal operation is
less than two staff hours, Contractor will bill the City for a minimum two
hour call-out. Travel time or portal to portal pay is not included in this
agreement.
22.02 Extra Work. Extra Work under Section shall be defined as scheduled or
non scheduled repairs and/or services resulting from any part of a traffic
signal system that is damaged by collision, acts of God, malicious
mischief, vandalism, or normal deterioration due to the passage of time,
excepting any damage resulting from the negligence of the
CONTRACTOR, that are determined by the CONTRACT
ADMINISTRATORIo be outside the scope of ROUTINE REPAIRS OR
ROUTINE MAINTENANCE services. Work performed as "EXTRA
WORK" will be within the time agreed upon by both parties at the time
work is assigned. Work not completed within this mutually agreed
schedule may be assessed liquidated damages.
The CONTRACT ADMINISTRATOR may request that the CONTRACTOR
respond to the scene of collisions at signalized intersections in order to
verify proper signal operation. In this case, the CONTRACTOR shall
perform a review of the traffic signal facility including a thorough inspection
of all equipment for physical damage or equipment malfunction.
CONTRACTOR shall also observe traffic movement and verify normal
signal operation. CONTRACTOR shall then submit, in writing, a report
summarizing the results of the inspection to the CONTRACT
ADMINISTRATOR or appointed designee within 48 hours of the incident.
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 38 of 58
SPECIAL PROJECTS may include, but are not limited to routine repair or
maintenance tasks including systematic re-lamping of traffic signals,
pedestrian heads, or ISNS units. SPECIAL PROJECTS may also include
scheduled REPAIRS caused by vehicle accidents, acts of god, or other
unforeseen traffic signal work. Any SPECIAL PROJECTS requested by
the City that can be scheduled to during normal working hours will be
scheduled at a mutually agreed upon time.
22.03 Parts. The CITY reserves the right to provide the CONTRACTOR with
parts needed to perform Extra Work.
23.00 CONTRACTOR'S EQUIPMENT
23.01 Contractor's Equipment Used in Performance of Contract. The machinery
and equipment used by the CONTRACTOR in the furtherance of this
agreement shall be modern, clean, and maintained in proper working
condition at all times consistent with current standards of the industry and
subject to the approval of the CONTRACT ADMINISTRATOR or approved
designee. All equipment shall be clearly marked with the
CONTRACTOR'S name, contractor's license number and shall have the
words "Under Contract to the City of Carlsbad" attached to each unit in
service.
When requested by the CONTRACT ADMINISTRATOR or approved
designee, the CONTRACTOR shall supply the City with a list of the
equipment being used in furtherance of this agreement including its make,
model, date of manufacture, and any other information deemed pertinent.
All equipment shall be made available for inspection after 24 hours
notification to the CONTRACTOR.
All vehicles used to perform maintenance duties during normal service
hours will have aerial capabilities.
23.02 City Provided Equipment. The CONTRACTOR will be issued a handheld
EVP emitter and emitter testing unit for the purpose of better maintaining
the City's emergency vehicle preemption system. This, and any other
diagnostic equipment provided to the CONTRACTOR, will remain the
property of the City of Carlsbad and must be returned to the CONTRACT
ADMINISTRATOR or approved designee upon termination of this
agreement.
23.03 At least one technician assigned to this agreement shall have a
CONTRACTOR provided laptop computer with CONTRACTOR provided
wireless e-mail service for communication with the CITY. The
CONTRACTOR shall provide QuikLoad software from McCain on this
laptop computer. This laptop computer shall be available to the technician
at any time the technician is servicing the CITY'S equipment.
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 39 of 58
24.00 RECORDS MAINTENANCE
24.01 Records Maintenance. The CONTRACTOR shall maintain at his/her
place of business a record of all service calls or work performed upon the
signal equipment including date, location, times in and out, costs for
equipment and materials used, parts and supplies used, and the names of
all persons who performed work.
Each time work is performed at an intersection, including routine repairs
and maintenance, the CONTRACTOR will update the record book within
the cabinet.
The CONTRACTOR will maintain accurate timing information sheets
within the controller cabinet at each signalized intersection. The
CONTRACTOR will provide copies of these sheets upon request of the
CONTRACT ADMINISTRATOR or approved designee.
25.00 PARTS AND MATERIALS
25.01 Parts and Materials. All materials used by the CONTRACTOR in the
furtherance of this agreement shall be in accordance with Caltrans
specifications, City of Carlsbad specifications and shall be approved by
the CONTRACT ADMINISTRATOR or approved designee.
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 40 of 58
EXHIBIT "B"
CITY OF CARLSBAD
TRAFFIC SIGNAL MAINTENANCE SERVICES
BID NO. 10-02
CONTRACTOR'S WORK FORCE
The CONTRACTOR shall set forth in Exhibit B to the proposed CONTRACT:
A. Each labor or supervisory position by title that will make up the CONTRACTOR'S work
force needed to provide the described services.
B. A sufficiently detailed explanation of the minimum qualifications for a person working in
each position title, including any required licenses and/or certifications,
C. The minimum annual man-hours for each position title that the CONTRACTOR proposes
to commit to the performance of the described services.
D. A list and description of the qualifications of other pertinent staff that are not to be directly
committed to this project but who will be available to support, consult, perform Extra Work, and
the like.
E. A description of CONTRACTOR'S systematic skills training program
The information provided in this attachment Is for the purposes of determining the
CONTRACTOR'S commitment and preparedness to perform the DESCRIBED SERVICES,
and assuring that the CONTRACTOR'S bid is reasonable and complete. Nothing in this
Attachment shall In any way be construed to remove, lessen, or relieve the
CONTRACTOR from any responsibility prescribed by the CONTRACT.
CONTRACTOR may attach additional pages to describe Minimum Qualifications, if needed.
Label any such pages "Exhibit B - Additional Information* along with the appropriate position
title(s) corresponding to this form.
A. POSITION TITLE B. MINIMUM QUALIFICATIONS C. TOTAL
ANNUAL
HOURS
3IMSA UotL I !IL
VZcfatCi**)
V&HK. a*Jt
IOO
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 41 of 58
EXHIBIT "B" Page 2
CONTRACTOR'S WORK FORCE
(Continued)
A. POSITION TITLE B. MINIMUM QUALIFICATIONS C. TOTAL
ANNUAL
HOURS
ICO
"luis Tefa^A'Tzckwtiw f &*sfatdw<I&C
9.
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 42 of 58
EXHBIT"B" Page3
CONTRACTOR'S WORK FORCE
(Continued)
D. Other Staff Support
Title Description / Qualifications
4
5
E. Description of CONTRACTOR'S employee training program
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 43 of 58
"Appendix B"
CITY OF CARLSBAD
TRAFFIC SIGNAL MAINTENANCE SERVICES
BID NO. 10-02
INSPECTION RATING FORM
SITE: ECR& FARADAY INSPECTOR: MARC KRATZER 5/30/09
Possible Previous Rating This
Category Description Points Period Period
Required routine maintenance tasks performed
Contractor's service logs complete and accurate
Contractor performing services on Scheduled Day
Work area is clean, neat and safe
Personnel in Proper Uniforms
Vehicles Marked as Required
Rating Totals
Deduction Percent
25
15
15
15
15
15
100
22
15
11
15
15
15
93
23
13
11
15
15
15
92
Deduction Percent
Adjusted Payment Formula
Monthly Payment
Deduction Amount
Adjusted Monthly Payment
3
0.03
$1,181.04
$35.43
$1,145.61
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 44 of 58
"Appendix C"
CITY OF CARLSBAD
TRAFFIC SIGNAL MAINTENANCE SERVICES
BID NO. 10-02
EQUIPMENT LIST
Sig ID Main St
1 Adams
2 Alga Rd
3 Alga Rd
4 Alga Rd
5 Alga Rd
88 Alga Rd
153 Alga Rd
183 Alicante
160 Alicante St
6 Ambrosia Ln
147 Ambrosia Ln
132 Appian Wy
7 Arenal Rd
8 Armada Dr
9 Aston Av
140 Avenida Encinas
10 Avenida Encinas
11 Avenida Encinas
12 Avenida Encinas
i 13 Avenida Encinas
190 Avenida La Cima
166 Avenida Soledad
14 Aviara Pkwy
15 Aviara Pkwy
181 Aviara Pkwy
115 Aviara Pkwy
56 Aviara Pkwy
16 Aviara Pkwy
129 Aviara Pkwy
136 Aviara Pkwy
114 Aviara Pkwy
17 Aviara Pkwy
89 Aviara Pkwy
128 Aviara Pkwy
109 Aviara Pkwy
18 Batiquitos Dr
19 Beech Av
186 Black Rail Rd
124 Breakwater Rd
161 Bressi Ranch Wy
Cross St
Tamarack
Alicante St
Corintia St
El Camino Real
El Fuerte St
Melrose Dr
Xana Wy
Town Garden Rd
Poinsettia Ln
Aviara Pkwy
Poinsettia Ln
Carlsbad Village Dr
El Camino Real
Palomar Airport Rd
College Bl
Cannon Rd
Carlsbad Bl
Palomar Airport Rd
Poinsettia Ln
San Lucas
Rancho Santa Fe Rd
Rancho Santa Fe Rd
Batiquitos Ln
Black Rail Ct
Camino de lasOndas
Cobblestone Rd
College Blvd
Four Seasons Pt
Kestrel Dr
Kingfisher
Laurel Tree Ln
Manzanita St
Mimosa Dr
Plum Tree Rd
Poinsettia Ln
Poinsettia Ln
Carlsbad Bl
Poinsettia Ln
Carlsbad Bl
El Fuerte St
Other St
Aviara Pkwy
Avenida de Anita
Price Club
Poinsettia Village
Baccharis Av
Mariposa Rd
Palomar Airport Rd
Cormorant Dr
Plaza Paseo Real
Video
No
Yes
Yes
Yes
Yes
No
Yes
No
Yes
No
Yes
Yes
Yes
Yes
No
Yes
No
No
No
No
No
No
Yes
No
No
No
Yes
Yes
No
Yes
No
No
No
No
Yes
Yes
Yes
No
No
No
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 45 of 58
Sig ID Main St
20 Cadencia St
154 Calle Acervo
21 Calle Barcelona
142 Calle Barcelona
148 Calle Barcelona
189 Calle Barcelona
22 Calle Barcelona
141 Calle Barcelona
163 Calle Timeteo
23 Camino Alvaro
24 Camino de las Ondas
25 Camino de los Coches
26 Camino de los Coches
150 Camino Junipero
27 Camino Vida Roble
28 Camino Vida Roble
146 Cannon Rd
29 Cannon Rd
110 Cannon Rd
138 Cannon Rd
139 Cannon Rd
179 Cannon Rd
144 Cannon Rd
188 Cannon Rd
30 Cannon Rd
31 Cannon Rd
187 Cannon Rd
184 Car Country Dr
32 Carlsbad Bl
33 Carlsbad Bl
34 Carlsbad Bl
35 Carlsbad Bl
36 Carlsbad Bl
37 Carlsbad Bl
125 Carlsbad Bl
38 Carlsbad Bl
39 Carlsbad Bl
155 Carlsbad Village Dr
149 Carlsbad Village Dr
40 Carlsbad Village Dr
120 Carlsbad Village Dr
41 Carlsbad Village Dr
157 Carlsbad Village Dr
42 Carlsbad Village Dr
43 Carlsbad Village Dr
Cross St
La Costa Av
Camino de los Coches
El Camino Real
Forum Main Entrance
Paseo Aliso
Paseo Avellano
Rancho Santa Fe Rd
Woodfern
Camino de los Coches
Rancho Santa Fe Rd
Paseo del Norte
Rancho Santa Fe Rd
Stagecoach
Rancho Santa Fe Rd
El Camino Real
Palomar Airport Rd
Car Country Dr
Carlsbad Bl
El Camino Real
Faraday Av
Frost Av
Grand Pacific Dr
Hemingway Dr
Hilltop
Legoland Dr
Paseo del norte
Wind Trail Wy
Paseo del norte
Carlsbad Village Dr
Cerezo Dr
Grand Av
Island Wy
Pine Av
Poinsettia Ln
Ponto Rd
Solamar Dr
Tamarack Av
Chatham Rd
College Bl
Concord St
Donna Dr
El Camino Real
Glasgow Dr
Harding St
Highland Dr
Other St
Olivenhain Rd
Maverick Wy
Video
No
Yes
No
Yes
Yes
No
Yes
Yes
Yes
No
Yes
Yes
No
Yes
Yes
No
Yes
No
Yes
Yes
No
No
Yes
No
Yes
Yes
No
No
No
No
No
No
No
No
No
No
No
Yes
Yes
No
No
No
No
No
No
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 46 of 58
Sig ID Main St
44 Carlsbad Village Dr
45 Carlsbad Village Dr
46 Carlsbad Village Dr
47 Carlsbad Village Dr
130 Carlsbad Village Dr
48 Carlsbad Village Dr
49 Carlsbad Village Dr
113 Carlsbad Village Dr
122 Carlsbad Village Dr
112 CarrilloWy
50 Cassia Rd
51 Chestnut Av
52 Chestnut Av
53 Cinema Wy
54 College Bl
55 College Bl
168 College Bl
167 College Bl
152 College Bl
135 College Bl
126 Company Stores
162 Corintia St
57 Costa del Mar Rd
145 Crystaline Dr
58 Dove Ln
59 El Camino Real
60 El Camino Real
67 El Camino Real
61 El Camino Real
62 El Camino Real
119 El Camino Real
63 El Camino Real
64 El Camino Real
65 El Camino Real
66 El Camino Real
134 El Camino Real
68 El Camino Real
94 El Camino Real
176 El Fuerte
164 El Fuerte St
165 El Fuerte St
69 El Fuerte St
159 El Fuerte St
175 Estrella de Mar
Cross St
Jefferson St
Madison St
Monroe St
Pio Pico Dr
Pontiac Dr
Roosevelt St
State St
Tamarack Av
ValleySt
Melrose Dr
El Camino Real
El Camino Real
Monroe St
Marron Rd
El Camino Real
Faraday Ave
Inlet Wy
Rift Rd
Tamarack north
Tamarack South
Paseo del norte
El Fuerte St
El Camino Real
Poinsettia Ln
El Camino Real
Faraday
Hosp Wy
Jackspar Dr
Kelly Dr
La Costa Av
La Costa Towne Ctr
Levante St
Marron Rd
Palomar Airport Rd
Plaza
Poinsettia Ln
Tamarack Av
Town Garden Rd
Faraday Av
Gateway Rd
Greenhaven Dr
Palomar Airport Rd
Poinsettia Ln
Poinsettia Ln
Other St
Red Bluff Rd
Ridgefield
Rancho Carlsbad Dr
Plaza Camino Real / Vons
Center
Video
Yes
No
No
No
Yes
No
No
Yes
No
No
Yes
No
No
Yes
Yes
Yes
No
No
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
No
Yes
No
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
Yes
No
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 47 of 58
SigID Main St Cross St Other St Video
174 Faraday Av
173 Faraday Av
123 Faraday Av
178 Faraday Av
177 Faraday Av
185 Fire Station #6
70 Grand Av
71 Grand Av
72 Grand Av
73 Hidden Valley Rd
171 Innovation Wy
74 Jefferson St
75 Jefferson St
76 Jefferson St
77 Jefferson St
143 La Costa Av
78 La Costa Av
79 La Costa Av
93 La Costa Av
80 La Costa Av
172 Lionshead Av
81 Marron Rd
82 Melrose Dr
92 Melrose Dr
111 Melrose Dr
169 Mica Rd
182 Olivenhain MWD
Entrance
84 Palomar Airport Rd
85 Palomar Airport Rd
91 Palomar Airport Rd
86 Palomar Airport Rd
87 Paseo del norte
156 Paseo Escuela
151 Paseo Lupino
170 Poinsettia Ln
158 Poinsettia Ln
90 Rancho Santa Fe Rd
Orion St
Priestly Dr
Van Allen Wy
Whiptail Loop E
Whiptail Loop W
Rancho Santa Fe Rd
Jefferson St
Roosevelt St
State St
Palomar Airport Rd
Palomar Airport Rd
Laguna Dr
Las Flores Dr
Marron Rd
Tamarack Av
La Costa Towne Center
Rancho Santa Fe Rd
Romeria St
Saxony Rd
Viejo Castilla Wy
Melrose Dr
Monroe St
Palomar Airport Rd
Poinsettia Ln
Rancho Bravado
Poinsettia Ln
Rancho Santa Fe Rd
Palomar Oaks Wy
Paseo del norte
Paseo Valindo
Yarrow Dr
Poinsettia Ln
Poinsettia
Rancho Santa Fe Rd
Quartz Wy
Snapdragon Dr
San Elijo
Loker Av West
Paseo Corto
.
No
No
No
Yes
Yes
No
Yes
No
No
Yes
No
Yes
Yes
Yes
No
Yes
Yes
No
No
No
No
Yes
No
No
No
No
No
No
Yes
No
No
Yes
Yes
Yes
No
Yes
Yes
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 48 of 58
"Appendix D"
CITY OF CARLSBAD
TRAFFIC SIGNAL MAINTENANCE SERVICES
BID NO. 10-02
ROUTINE MAINTENANCE SCHEDULES
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 49 of 58
CITY OF CARLSBAD
TRAFFIC SIGNAL MAINTENANCE
BID NO. 10-02
Monthly Inspection Checklist
PERFORMED BY
CONTRACTOR
C
A
B
I
N
E
T
C
0
N
T
R
O
L
L
E
R
P
E
D
E
S
T
R
I
A
N
Clean inside of cabinet
Remove graffiti
Clean filter
Verify fan operation
Check general condition
Pest control
Verify timing & clocks
Verify program per chart
Verify functions per chart
Check back-up battery
Verify detection operation
Verify EVP in program
Check flasher card
operation
Verify ppb operation
Check ppb mounting
Verify indication
Check head condition
M
O
N
T
H
DATE INSPECTED
ALL OK
DIRECTION
FAILURE
ACTION*
D/ITE OF ACTION
COMMENTS
* 1 = Repairs completed by Contractor per maintenance agreement
2 = Repairs completed by Contractor at City's request - incident number assigned
3 = Referred to City for repair
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 50 of 58
CITY OF CARLSBAD
TRAFFIC SIGNAL MAINTENANCE
BID NO. 10-02
Monthly Inspection Checklist
(continued)
PERFORMED BY
CONTRACTOR
H
A
R
D
W
A
R
E
&
A
P
P
U
R
T
E
N
C
E
S
Check head visibility &
clear/report as needed
Check ISNS - visual
Check head alignment
Check backboard & visor
Verify indication
operation
Check pole & base
condition
Remove graffiti
Check mastarm &
framework condition
Check Opticom scope
condition
Verify terminal & pole
coverplate security
Check pull box & cover
condition
Check electric service
condition
Check camera or loop /
pavement condition
M
O
N
T
H
DATE INSPECTED
ALL OK
DIRECTION
FAILURE
ACTION*
DATE OF ACTION
COMMENTS
* 1 = Repairs completed by Contractor per maintenance agreement
2 = Repairs completed by Contractor at City's request - incident number assigned
3 = Referred to City for repair
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 51 of 58
CITY OF CARLSBAD
TRAFFIC SIGNAL MAINTENANCE
BID NO. 10-02
Quarterly Inspection Checklist
PERFORMED BY CONTRACTOR
C
A
B
I
N
E
T
C
0
N
T
R
O
L
L
E
R
P
E
D
E
S
T
R
I
A
N
Clean inside of cabinet
Remove graffiti
Clean filter
Verify fan operation
Check general condition
Pest control
Lube all doors & locks
Verify timing & clocks
Verify program per chart
Verify functions per chart
Check back-up battery
Verify detection operation
Verify EVP in program
Check flasher card operation
Tighten electrical connections
at cabinet service & load bay
Verify ppb operation
Check ppb mounting
Verify indication
Check head condition
M
O
N
T
H
DATE INSPECTED
ALL OK
DIRECTION
FAIL LIRE
ACTION*
DATE OF ACTION
COMMENTS
* 1 = Repairs completed by Contractor per maintenance agreement
2 = Repairs completed by Contractor at City's request - incident number assigned
3 = Referred to City for repair
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 52 of 58
CITY OF CARLSBAD
TRAFFIC SIGNAL MAINTENANCE
BID NO. 10-02
Quarterly Inspection Checklist
(continued)
PERFORMED BY
CONTRACTOR
H
A
R
D
W
A
R
E
&
A
P
P
U
R
T
E
N
C
E
S
Check head visibility &
clear/report as needed
Check ISNS - visual
Check head alignment
Check backboard & visor
Verify indication
operation
Check pole & base
condition
Remove graffiti
Check mastarm &
framework condition
Check opticom scope
condition
Verify terminal & pole
coverplate security
Check pull box & cover
condition
Check electric service
condition
Check camera or loop /
pavement condition
M
O
N
T
H
DATE INSPECTED
ALL OK
DIRECTION
FAILURE
ACTION*
DATE OF ACTION
COMMENTS
* 1 = Repairs completed by Contractor per maintenance agreement
2 = Repairs completed by Contractor at City's request - incident number assigned
3 = Referred to City for repair
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 53 of 58
VALUE ADDED OFFERINGS
ENGINEERING & PROFESSIONAL SERVICES
Republic ITS's engineering staff is available to provide traffic signal modification design, signal
timing and coordination enhancement, and many other traffic, civil and electrical engineering
related services. Our unique ability to design, construct and maintain all facets of traffic signals
and streetlights using in-house staff is one example of the many aspects that set Republic ITS
apart from other maintenance companies.
Republic ITS's Traffic F.ngmeering Services Group offers a full spectrum of traffic, civil, and
construction engineering services. Our team of licensed Traffic and Civil Engineers and
International Municipal Signal Association (1MSA) technicians offer complete solutions to your
transportation engineering needs. Our ultimate goal is to provide municipalities with
exceptional, cost effective traffic engineering support to meet all their transportation
engineering requirements.
Republic ITS Offers Engineering Expertise
in the following Areas
• Intelligent Transportation System
(ITS) management & operations
• Design review services
• Development and implementation
of operations and maintenance
programs
• Design/Build improvement
projects
• Traffic signal and streetlight system
design
Republic ITS's engineering professionals possess significant practical experience in both the
public and private sectors. We have decades of combined experience worthing for public works
departments and consulting engineering firms. Republic ITS staff can offer:
" Complete Design/ Build services for traffic signals, pedestrian crossings, street lighting
and other electrical infrastructure projects
Traffic signals, signal modifications, and signal interconnect plans
Traffic control plans
traffic signing and striping plans
Pedestrian and bicycle transportation enhancements
Inspection of traffic signal and streetlight construction
traffic Operations Services
• Monitor and utilize traffic management systems, including VMS 330, Actra, Streetwise,
Quickttt'l/4 and Traconet among others
• Develop, review, and implement traffic signal timing and coordination plans for Type
170/2070 and NEMA controllers
• Evaluate and recommend future development of a traffic operations center
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 54 of 58
• Assess and recommend innovative technology/ products such as video detection, radar
speed signs, red light enforcement cameras, extinguishahle LED signs, etc
Republic 1'IVs staff of California Board-Licensed civil and traffic engineers teamed up with
1 MSA-certified electricians have a combined extensive knowledge and experience in the design,
construction, and maintenance of various ATMS systems and their equipment and components
Systems we have maintained and operate include but are not limited to the following
proprietary systems: Mutttsomcs VMS 220 & 330, Naztec Streetwise, Eagle ACTRA, BI-Tran,
and Traconet,
We recognize that use of emerging AIMS and Intelligent Transportation Systems (ITS)
technologies are becoming a trend among forward- thinking municipal agencies. As such,
Republic ITS has established powerful partnerships and has gained extensive knowledge and
experience in various ATMS system design, integration, implementation, and maintenance. As
a service maintenance provider throughout the State and nation, we have acquired the unique
ability to keep abreast with emerging ATMS technologies that are actually being implemented
around the country. This creates the added benefit of allowing us to learn from other agencies,
whkh in turn provides the greater ability to provide expedient maintenance and
troubleshooting to our customers.
Analysis Services
• Conduct stop control and traffic signal warrant evaluations
• Evaluate existing illumination levels
• Develop, maintain and analyze collision databases for long term tracking of
transportation system safety performance and potential for mitigations
• Perform intersection level of service, timing and coordination analysis using various
software programs, such as Synchro, SimTraffic, TRANSIT 7F, and PASS1..K
General, I mmportation Engineering Services
• Pursue various Federal, State, Regional and Utility funding programs such as TEA-21,
Safe Routes to School, Hazard Elimination Safety, Transportation Hund for Air Quality.
Transportation for Livable Communities and Regional Traffic Signal Timing
• Develop and recommend signing, striping and lighting specifications and standards
• Evaluate and address various citizen and motorist traffic safety requests and concerns
• Conduct and/or review traffic impact studies
• Provide inspection and construction management services
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 55 of 58
INFORMATION TECHNOLOGY
Republic ITS recognizes that speed, efficiency, and comprehensive service are the keys to
customer satisfaction in our industry. With this in mind, we are constantly seeking innovative
ways to improve our service delivery. Republic ITS is proud to present a detailed description of
PLATO and WiRE (Wireless Republic), our computerized traffit signal maintenance and
inventory/bar-cod mg management system. These two applications represent what we believe
to be the forefront of customer account management and maintenance tracking in our industry.
Both WtRE and PLATO have been developed to match the daily needs of both Republic ITS and
our customers
• PLATO is Republic ITS's primary maintenance tracking and account management
application, comprised of a detailed and flexible database system. It handles detailed
project management, contractual information, and scheduling of both service requests
and scheduled maintenance. It is the information backbone of Republic ITS and our
investment in providing the best possible service to our customers
• WiRE is our field access to PLATO, allowing our service crews to access real-time
information and scheduling using Microsoft Pocket PC devices. Service response
information is transmitted in real-time back to PLATO, allowing monitoring of service
status and inventory information.
PLATO
PLATO was developed to provide rapid access to service requests, maintenance scheduling,
and detailed work histories for intersections. Based on Microsoft's web application framework,
PI.ATO is available to any workstation with access to Republic ITS's intranet. I his provides
maximum flexibility in Plato's deployment, making it available to any internal computer with a
browser.
The information handled by PLATO includes:
• Service Request Management and Scheduling, including time stamping and dispatching.
« Scheduled Maintenance Management and Scheduling,
• intersection Details, including inventories of equipment maps, CAD drawing, timing
sheets, etc.
• Detailed Service Descriptions, allowing us to tailor the service rendered in the field to
the precise specifications of the City.
• Agency Information Management, including contacts, billing information, etc.
• Contractual Information, including frequencies of scheduled maintenance, contract
periods, "Not to Exceed" limits, etc.
• Internal communications, such as pertinent notes, etc.
• Report Generation, including invoices, materials use, etc.
• Inventory control, including real-time tracking of available and installed equipment
Information available to view or download through the Customer Extranet includes:
• Real-time status of Scheduled Maintenance and Service Request calls
• Real-time Intersection Inventories.
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 56 of 58
• Real-time Equipment Inventories.
• Intersection maintenance histories, maps, CAD drawings, digital photographs.
• Account information, such as contacts and billing.
In addition, the information available to City staff can be tailored to meet the City's needs.
Republic ITS will work with the City to make sure you get the information you need to
successfully serve your customers.
Electronic Service Request
WiRt
WiRE allows our technicians in the field access to an array of useful data. Maintenance histories
for the intersection, inventory bar-coding & scanning, downloading timing sheets and
uploading them to a controller, digital photographic documentation, all contribute to a quicker,
more successful visit from a Republic ITS signal technician. In addition, our scheduled
maintenance activities and responses to service requests are documented on-site utilizing our
hand-held devices, as well as documentation noting any other needed repair work, WiRE also
functions as a dispatching tool; once a service request is dispatched to a technician, relevant
information concerning the nature of the call and the intersection is immediately available.
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 57 of 58
Typical Screen Shots of the WiRE Interface
FLEXIBILITY
The most important aspect of the applications described above is the flexible nature of their use
and their potential for future development. Republic ITS can work with the City's staff to
customize the applications to maximize their usefulness and provide the level of service the
City desires. This flexibility includes the ability to modify types of information collected,
downloading of information, visual representation, means of access, or other conveniences the
City wishes.
In summary, we believe that our exclusive PLATO and WiRE software technology will not only
increase our productivity and accuracy in the held, but it will also be a valuable source of
information for vour staff.
WiRE and PLATO Training Session
City of Carlsbad Contract 10-02, Traffic Signal Maintenance Services Page 58 of 58
CITY OF CARLSBAD - AGENDA BILL
AB#20.045
MTG. 12/01/09
DEPT.ENG
APPROVAL OF PLANS AND SPECIFICATIONS AND
AUTHORIZATION TO ADVERTISE FOR BIDS FOR
THE CORRUGATED METAL PIPE REPLACEMENT PROGRAM
- ALDER AVENUE AND MARRON ROAD, PROJECT NO. 6607
DEPT. HEAD "P -T"N. >-
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2009-292 approving plans and specifications and authorizing the City
Clerk to advertise for bids for the Corrugated Metal Pipe Replacement Program - Alder Avenue and
Marron Road, Project No. 6607.
ITEM EXPLANATION:
The Corrugated Metal Pipe (CMP) Replacement Program was established as a five-year program to
replace, repair or remediate deteriorated CMP storm drain systems throughout the City. The pipelines
included in the program were identified after City staff inspected the interior of the storm drain pipe
and assessed the condition of CMP pipelines. The program includes the replacement or remediation
of 25 storm drain pipelines.
The Alder Avenue project will construct new storm drain and curb inlets to alleviate an existing
drainage issue and install a cured-in-place liner into an existing pipeline that conveys run off from
Alder Avenue down to El Camino Real a distance of 252 feet. The Marron Road project will install a
cured-in-place liner into a storm drain pipeline in the Westfield Shopping Center parking lot near the
North County Transit District Transit Center.
ENVIRONMENTAL IMPACT:
The project is exempt from the California Environmental Quality Act (CEQA) per State CEQA
Guidelines Section 15301(b) - minor alteration of existing facilities of public utility services involving
negligible or no expansion. A portion of the project is located in the coastal zone. However, repair
and maintenance activities not described in Carlsbad Municipal Code Section 21.201.070 do not
require a Coastal Development Permit.
DEPARTMENT CONTACT: Sherri Howard 760-602-2756 Sherri.Howard@carlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
Dn
Dn
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
nnn
n
Page 2
FISCAL IMPACT:
Table 1 shows the current status of the CMP Replacement Program:
TABLE 1 - CMP REPLACEMENT PROGRAM - PROJECT NO. 6607
TASK DESCRIPTION
Design
Construction, Inspection, Materials Testing
Environmental Mitigation & Monitoring
Real Property Acquisition
TOTAL
APPROPRIATED
TO DATE
$501,000
$1,247,700
$31,000
$29,300
$1,809,000
EXPENDITURES/
ENCUMBRANCES/
OBLIGATIONS TO
DATE
$309,778
$141,767
$50
$24,300
$475,895
REMAINING
BALANCES
$191,222
$1,105,933
$30,950
$5,000
$1,333,105
An Engineer's Estimate of the construction cost for the Alder Avenue and Marron Road pipeline
rehabilitation was prepared by Harris and Associates on September 25, 2009, and totals $146,000.
The total estimated construction cost is shown in Table 2.
TABLE 2 - PROJECT CONSTRUCTION COST ESTIMATE
CMP REPLACEMENT PROGRAM
ALDER AVENUE AND MARRON ROAD PROJECT NO. 6607
Construction Contract (Engineer's Estimate)
Construction Contingency (10%)
Construction Management and Inspection (10%)
Testing (5%)
TOTAL ESTIMATED CONSTRUCTION COSTS (ALDER AVENUE AND MARRON ROAD)
PROJECT AVAILABLE BALANCE
ADDITIONAL APPROPRIATION ANTICIPATED FOR CONSTRUCTION
ESTIMATED
COSTS
$146,000
$14,600
$14,600
$7,300
$182,500
$1,333,105
-0-
Sufficient funds have been appropriated from the Infrastructure Replacement Fund (IRF) to fund this
project. Annually, funds are added to the project through the Capital Improvement Program. This
funding source is not subject to State or Federal restrictions regarding prevailing wage. Therefore,
pursuant to Carlsbad Municipal Code Section 3.28.130, prevailing wages are not required for the
construction of CMP Replacement Program, Project No. 6607. Staff recommends approving the plans
and specifications and authorizing the City Clerk to advertise for bids for the construction of CMP
Replacement Program -Alder Avenue and Marron Road, Project No. 6607.
EXHIBITS:
1. Location map.
2. CMP Replacement Program Project List.
3. Resolution No. 2009-292 approving plans and specifications, and authorizing the
City Clerk to advertise for bids for the Corrugated Metal Pipe Replacement Program - Alder
Avenue and Marron Road, Project No. 6607.
cX
LOCATION MAP
SITE
HWY78
SITE
CITY OF OCEANSIDE
HIGHWAY ±^
SITE
VICINITY
MAP
HOT TO
SCALE
NOT TO SCALE
SITE
PROJECT NAME
CORRUGATED METAL PIPE REPLACEMENT PROGRAM
ALDER AVENUE & MARRON ROAD
PROJECT
NUMBER
6607-3
EXHIBIT
1
DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 9/29/09 C: \CAPITAL\HOWARD\6607 CUP PROGRAM-ALDER-UARRON.DWG
Exhibit 2
CMP Replacement Program Project List
Fiscal Year
2008/2009
2009/2010
2010/2011
2011/2012
2012/2013
Site No.Site Status
Environmetally
Sensitive Site
3
10
15
19 and 20
21
23
25
31
Westfield Shopping Center north end of Monroe Street
State Street from Laguna Drive to Beech Avenue
In driveway off Park Drive just south of May Court
Easement off Via Libertad
On Oak Avenue from Lincoln Street to Washington Street
Entrance to Flower Fields Apartments off Avenida de Anita
Highland Drive to James Drive between Tamarack Avenue and
Chinquapin Avenue
On Carlsbad Village Drive between Victoria Avenue & Chatham
Road
Requesting Authorization to Bid
Out to Bid
Private **
Out to Bid
Out to Bid
Private **
Design
Complete
No
No
No
Yes
No
No
No
Yes
13 and 77
14
68 and 69
70 and 71
Easement on the west side of ECR to Cameo Road
From Holly Brae Lane in an easement to ECR
Easement between Alder Avenue and ECR
Easement between Alder Avenue and ECR
Complete
Design
Requesting Authorization to Bid
Requesting Authorization to Bid
No
Yes
Yes
Yes
6
29
86 and 87
Crossing Jefferson Street between I-5 and Marron Road
Easement east of the corner of Oak Avenue & Washington Street
crossing RR
In an Easement southwest of Hoover Street to the Agua Hedionda
Lagoon
Pre-Design
Pre-Design
Pre-Design
Yes
No
Yes
43
47 and 48
60
Easement off Van Allen Way
On Costa Del Mar to an easement - entrance to La Costa Resort
At the end of cul-de-sac on Badajoz Place to an easement
Pre-Design
Pre-Design
Pre-Design
No
Yes
No
34
42
35
38
39 and 40
57 and 66
63
Crossing Highland Drive at Adams Street
Crossing Adams Street just down from Highland Drive
Crossing Bruce Road at 1729 to 1751 Bruce Road
Easement off Cannon Road on Strawberry Fields
From Garfield Street between Date Avenue and Olive Avenue in
an easement to Agua Hedionda Lagoon
Easement off La Costa Avenue at #2433 La Costa Avenue
Easement at Romeria Street and Gibraltar Street
Pre-Design
Pre-Design
Pre-Design
Pre-Design
Design *
Pre-Design
Pre-Design
Yes
Yes
No
No
Yes
No
No
* - Moved forward at request of Operations and Maintenance due to condition
** - Removed from program Updated November 2009
1 RESOLUTION NO. 2009-292
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING TO ADVERTISE
3 FOR BIDS FOR THE CORRUGATED METAL PIPE
REPLACEMENT PROGRAM - ALDER AVENUE AND MARRON
4 ROAD. PROJECT NO. 6607.
5
WHEREAS, the City Council of the City of Carlsbad, California, has determined it
6
necessary, desirable, and in the public interest to construct the Corrugated Metal Pipe (CMP)
Replacement Program -Alder Avenue and Marron Road; and
8
WHEREAS, the plans and specifications for furnishing of all labor, materials, tools,
9
equipment, transportation, and other expenses necessary or incidental to the CMP Replacement
10
Program - Alder Avenue and Marron Road, Project No. 6607, have been prepared and are on file
in the Public Works-Engineering Department of the City of Carlsbad and are incorporated herein
by reference; and
\ O
WHEREAS, funding for said project has been appropriated from the Infrastructure
Replacement Fund (IRF) to cover all project costs and is sufficient.
I 0
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,16
California, as follows:
„ 0 1. That the above recitations are true and correct.1o
1Q 2. That the plans, specifications, and contract documents for the CMP Replacementi y
2Q Program - Alder Avenue and Marron Road, Project No. 6607 are on file in the Public Works-
21 Engineering Department of the City of Carlsbad and are hereby approved.
22 4. The City Clerk of the City of Carlsbad is hereby authorized and directed to
23 publish, in accordance with State law, a Notice to Contractors Inviting Bids for the CMP
24 Replacement Program - Alder Avenue and Marron Road, Project No. 6607, in accordance with
25 the plans, specifications, and contract documents referred to herein.
26
27
28
1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
2 City of Carlsbad on the day of , 2009, by the
3 following vote, to wit:
4 AYES:
5 NOES:
6 ABSENT:
7
8n
CLAUDE A. LEWIS, Mayor
9
10 ATTEST:
11
12
LORRAINE M. WOOD, City Clerk
13 (SEAL)
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CITY OF CARLSBAD - AGENDA BILL
^p^ j\/fyf
AB# 20,046
MTG. 12/01/09
DEPT. ENG
APPROVAL OF AMENDMENT NO. 7 TO EXTEND THE
PROFESSIONAL SERVICES AGREEMENT PWENG500 WITH
BUREAU VERITAS NORTH AMERICA, INC., FOR THE
EL CAMINO REAL WIDENING BETWEEN TAMARACK AVENUE AND
CHESTNUT AVENUE, PROJECT NO. 3957
DEPT. HEAD/
CITY ATTY.
CITY MGR.
KTTdS?
(Ji^
RECOMMENDED ACTION:
Adopt Resolution No. 2009-293 approving Amendment No. 7 to extend the agreement with
Bureau Veritas North America, Inc., for the El Camino Real Widening between Tamarack Avenue and
Chestnut Avenue, Project No. 3957.
ITEM EXPLANATION:
The agreement for the engineering services to design improvements for the widening of El Camino
Real between Tamarack Avenue and Chestnut Avenue, expired on November 18, 2009, with no
available extensions. The project is taking longer than expected due to unanticipated complications in
environmental permitting process and geotechnical areas. The final design and right-of-way
acquisition is currently underway, and the project's final design is scheduled to be completed in the
coming months. Over time, the scope of the project has also increased to include the redesign of the
intersection of El Camino Real and Chestnut Avenue, additional retaining wall design changes, and
utility undergrounding.
ENVIRONMENTAL IMPACT:
A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were prepared for
the El Camino Real Road Widening project (CDP 07-22/HDP 07-02/SUP 07-04/HMP 07-08). The
Notice of Intent (NOI) to adopt a Mitigated Negative Declaration was published in the newspaper
November 1, 2007, and sent to the County Clerk's Office for a 30-day public review (October 30, 2007
- November 30, 2007). One comment letter was received during the 30-day review period. The MND
was approved by the Planning Commission on June 3, 2009 in compliance with the California
Environmental Quality Act (CEQA) Guidelines Section 15074.
FISCAL IMPACT:
This is only a time extension and additional funds are not required for the project. This project is
funded with Traffic Impact Fees and sufficient funds have been appropriated through the Capital
Improvement Program.
EXHIBITS:
1. Location Map.
2. Resolution No. 2009-293 approving Amendment No. 7 to extend the agreement with
Bureau Veritas North America, Inc., for the El Camino Real Widening between Tamarack
Avenue and Chestnut Avenue, Project No. 3957.
3. Amendment Number 7 to extend the agreement with Bureau Veritas North America, Inc., for
the El Camino Real Widening between Tamarack Avenue and Chestnut Avenue, Project No.
3957.
DEPARTMENT CONTACT: Eva Plajzer 760-602-2787 eva.plaizer@carslbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED D
DENIED D
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
LOCATION MAP
SITE
NOT TO SCALE
CITY OF OCEANSIDE
HIGHWAY ,_?«
SITE
VICINITY
MAP
MOT TO
SCALE
PROJECT NAME WIDENING OFEL CAMINO REAL
BETWEEN CHESTNUT AVENUE AND TAMARACK AVENUE
PROJECT
NUMBER
3957
EXHIBIT
1
DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 4/18/07 C:\CAPITAL\PLAJZER\3957.DWG
2,
1 RESOLUTION NO. 2009-293
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO APPROVE AMENDMENT NO. 7 TO
3 EXTEND THE PROFESSIONAL SERVICES AGREEMENT
PWENG500 WITH BUREAU VERITAS NORTH AMERICA, INC.,
4 FOR THE EL CAMINO REAL WIDENING BETWEEN TAMARACK
AVENUE AND CHESTNUT AVENUE. PROJECT NO. 3957.
5
6 WHEREAS, the City Council of the City of Carlsbad, California, has determined it
7 necessary and in the public interest to improve El Camino Real between Tamarack Avenue and
8 Chestnut Avenue, Project No. 3957; and
9 WHEREAS, the current agreement, PWENG500 for professional engineering services
10 with Bureau Veritas North America, Inc., to design these improvements expired on November 18,
11 2009; and
12 WHEREAS, the agreement needs to be extended to end on November 17, 2010, to
13 complete the design of these improvements; and
14 WHEREAS, there are sufficient funds appropriated for Project No. 3957.
15 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
16 California, as follows:
17 1. That the above recitations are true and correct.
18 2. That Amendment No. 7 to Extend the Agreement for Professional Engineering
19 Services with Bureau Veritas North America, Inc., is hereby approved.
20
21
22
23
24
25
26
27
28
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the day of , 2009, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
PWENG500
AMENDMENT NO. 7 TO EXTEND THE AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES FOR EL CAMINO REAL WIDENING
BETWEEN TAMARACK AVENUE AND CHESTNUT AVENUE, PROJECT NO. 3957
(BUREAU VERITAS NORTH AMERICA, INC.)
This Amendment No. 7 is entered into and effective as of the day of
200 , amending the agreement dated November 18, 2005
(the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and
Bureau Veritas North America, Inc., a Delaware corporation ("Contractor") (collectively, the
"Parties") for professional engineering services for the widening of El Camino Real between
Tamarack Avenue and Chestnut Avenue.
RECITALS
A. On April 14, 2006, the Parties executed Amendment No. 1 to the Agreement to
perform focused surveys for the California Gnatcatcher, Least Bell's Vireo, and Rare Plants; and
B. On January 31, 2007, the Parties executed an Assignment and Assumption
Agreement for Professional Engineering Services by and between the City of Carlsbad,
a political subdivision of the State of California ("City"), Berryman & Henigar, Inc., a California
corporation ("Assignor"), and Bureau Veritas North America, Inc., a Delaware corporation
("Assignee"); and
C. On March 19, 2007, the Parties executed Amendment No. 2 to the Agreement to
extend the Agreement for one (1) year and to amend the scope of work to perform additional
alternative analysis, improved the preferred project, perform Monarch butterfly surveys, and
perform additional environmental services; and
D. On August 7, 2007, the Parties executed Amendment No. 3 to the Agreement to
perform analysis and prepare the applications for the Coastal Development Permit, Special Use
Permit, and Hillside Development Permit; and
E. On September 12, 2007, the Parties executed Amendment No. 4 to the
Agreement to extend the agreement for a period of one (1) year; and
F. On September 17, 2008, the Parties executed Amendment No. 5 to the
Agreement to extend the agreement for a period of one (1) year and to amend the agreement to
perform additional design and environmental analysis; and
G. On June 30, 2009, The Parties executed Amendment No. 6 to the Agreement to
amend the agreement to perform additional design, geotechnical, and water quality analysis and
provide additional project management and coordination; and
H. The Parties desire to extend the agreement for a period of one (1) year.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. The Agreement, as may have been amended from time to time, is hereby
extended for a period of one (1) year ending on November 17, 2010.
2. All other provisions of the Agreement, as may have been amended from
time to time, will remain in full force and effect.
3. All requisite insurance policies to be maintained by Contractor pursuant to
the Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
City Attorney Approved Version #05.22.01
1
4. The individuals executing this Amendment and the instruments referenced
in it on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terras and conditions of this Amendment.
CONTRACTOR
BUREAU VERITAS NORTH AMERICA,
INC., a Delaware corporation
*By:
(sign here)
(print name/title)
\>Jy l/S . \ UT € (Lu Vc
(sign/here)
(print name/title)
(e-mail address)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
Gity Manager OP Mayor
ATTEST:
LORRAINE M. WOOD
City Clerk
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a Corporation, Agreement must be signed by one corporate officer from each of the following
two groups.
*Group A.
Chairman,
President, or
Vice-President
"Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:.
Deputy City Attorn
City Attorney Approved Version #05.22.01
CITY OF CARLSBAD - AGENDA BILL
20.047AB#
MTG. 12/01/09
DEPT. ENG
ACCEPT CALIFORNIA COASTAL COMMISSION'S
COASTAL DEVELOPMENT PERMIT FOR ENCINAS
CREEK BRIDGE, CITY PROJECT NO. 3919
DEPT. HEAD
CITY ATTY.
CITYMGR. '^
RECOMMENDED ACTION:
Adopt Resolution No. 2009-294 accepting Coastal Development Permit Number 6-09-051
with Addendum issued by the California Coastal Commission for the Carlabad's Encinas Creek
Bridge, City Project No. 3919.
ITEM EXPLANATION:
The City is currently bidding the reconstruction of the Encinas Creek Bridge located on southbound
Carlsbad Boulevard between Palomar Airport Road and Island Way. The following is the project
schedule:
December 1, 2009
December 22, 2009 (tentative)
January 25, 2010
May 28, 2010
Open bids
City Council to award construction contract
Construction begins
Construction completed
Portions of the project lie within the respective coastal authorities of the City of Carlsbad and the
California Coastal Commission. The majority of the project, including the replacement of the existing
bridge structure and accompanying roadway, signage, and drainage improvements, are located within
the City's Local Coastal Plan authority. The Carlsbad Planning Commission unanimously approved
the City's Coastal Development Permit Number 09-08 for this work at its August 19, 2009 meeting. On
November 5, 2009, the California Coastal Commission unanimously approved issuance of Coastal
Development Permit Number 6-09-051 with Addendum for portions of the City's bridge replacement
project. The Commission's permit is limited to the reconfiguration and augmentation of the existing
rock revetment along the shoreline and the replacement of the bridge structure's wing walls which lie
within the Commission's jurisdiction.
The California Coastal Commission's permit, with a Commission approved Addendum, includes seven
Special Conditions. The Addendum and the first six Special Conditions are viewed as ministerial in
nature. The seventh Special Condition requires the City to assume the risk, waive liability, and
indemnify the Commission, its officers, agents, and employees from any claim of damage or liability
associated with site hazards resulting from storm waves, flooding, and erosion. Staff recommends
the City Council adopt the attached Resolution accepting the Commission's permit including the
required assumption of liability by the City for this project.
DEPARTMENT CONTACT: John Cahill, 760-602-2726; John.Cahill@carlsbadca.qov
CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED D
DENIED D
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
Page 2
ENVIRONMENTAL IMPACT:
A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP)
were prepared for the Encinas Creek Bridge Project (CDP 09-08/SUP 09-03/HMP 09-06). The Notice
of Intent to adopt a MND was published in the newspaper, June 26, 2009, and sent to the State
Clearinghouse for a 30-day public review (June 26, 2009 - July 27, 2009). No further environmental
review is required. The MND was approved by the Planning Commission on August 19, 2009 in
compliance with the California Environmental Quality Act (CEQA) Guidelines, Section 15074.
FISCAL IMPACT:
The City Council has appropriated a total of $2,636,215 consisting of South Coastal RDA funds and
Planned Local Drainage Area (PLDA) funds for this project. A summary of the available funding for
construction is as follows:
ENCINAS CREEK BRIDGE - PROJECT NO. 3919
TASK DESCRIPTION
Design
Construction, Inspection, Materials Testing
Studies and Reports
TOTAL
APPROPRIATED
TO DATE
$455,401
$2,073,864
$106,950
$2,636,215
EXPENDITURES/
ENCUMBRANCES
TO DATE
$455,401
$0
$106,950
$562,351
REMAINING
BALANCES
$ 0
$2,073,864
$ 0
$2,073,864
EXHIBITS:
1. Location map.
2. Resolution No. 2009-294 accepting the California Coastal Commission's Coastal
Development Permit Number 6-09-051 with Addendum including a waiver of liability.
3. California Coastal Commission Staff Report and Preliminary Recommendation for Coastal
Development Permit Application Number 6-09-051, public hearing date November 5, 2009.
4. California Coastal Commission Addendum dated November 2, 2009 for Coastal Development
Permit Application Number 6-09-051.
LOCATON
SITE
S/7E
PROJECT NAME PROJECT
NUMBERENCINAS CREEK BRIDGE
DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 4/17/08 C: \CAPITAl\3919.DWG
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RESOLUTION NO. 2009-294
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING THE COASTAL
DEVELOPMENT PERMIT WITH ADDENDUM ISSUED BY THE
CALIFORNIA COASTAL COMMISSION FOR THE ENCINAS
CREEK BRIDGE PROJECT NO. 3919.
WHEREAS, the Carlsbad Planning Commission approved Carlsbad Coastal
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Development Permit Number 09-08 on August 19, 2009 for the Encinas Creek Bridge Project,
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hereafter the "Project;" and
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WHEREAS, portions of the Project lie within the jurisdiction of the California Coastal
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Commission, hereafter the "Commission," requiring a Coastal Development Permit from said
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Commission; and
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WHEREAS, said Commission approved Coastal Development Permit Number 6-09-05112
with Addendum, hereafter the "permit," on November 5, 2009; and
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WHEREAS, the aforementioned Commission permit contains seven Special Conditions;14
and15
WHEREAS, Special Condition Number 7 requires an agreement by the City to the16
provisions stated therein.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,18
California, as follows:i y
1. That the above recitations are true and correct.
2. That the City Council of the City of Carlsbad, hereafter the "City," does hereby
accept Coastal Development Permit Number 6-09-051 with Addendum issued by the California
Coastal Commission on November 5, 2009.
3. That in accordance with Special Condition Number 7 - A of said permit, the City
does hereby acknowledge and agree (i) the site may be subject to hazards from storm waves,
flooding, and erosion; (ii) the City does hereby agree to assume the risks to the City and the
property that is the subject of said permit from the Commission for injury and damage from such
hazards in connection with this permitted development; (iii) the City does hereby unconditionally
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waive any claim of damage or liability against the Commission, its officers, agents, and employees
for injury or damage from such hazards; and (iv) the City does hereby indemnify and hold
harmless the Commission, its officers, agents, and employees with respect to the Commission's
approval of the project against any and all liability, claims, demands, damages, costs (including
costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement
arising from any injury or damage due to such hazards.
4. That in accordance with Special Condition 7 - B of said permit, prior to the
conveyance of the property that is the subject of said permit, the City shall execute and record a
deed restriction, in a form and content acceptable to the Commission's Executive Director: (i)
indicating that, pursuant to said permit, the Commission has authorized development on the
subject property, subject to terms and conditions that restrict the use and enjoyment of said
property (hereafter referred to as the "Standard and Special Conditions" of said permit), and (ii)
imposing all Standard and Special Conditions of said permit as covenants, conditions, and
restrictions on the use and enjoyment of the property. The restriction shall include a legal
description of the City's entire parcel or parcels for which said permit has been granted by the
Commission. It shall also indicate that, in the event of an extinguishment or termination of the
deed restriction for any reason, the Standard and Special Conditions of said permit shall continue
18 to restrict the use and enjoyment of the subject property so long as either said permit or the
19 development it authorizes, or any part, modification, or amendment thereof, shall remain in
on existence on or with respect to the subject property.
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1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
2 City of Carlsbad on the day of 2009, by the
3 following vote, to wit:
4 AYES:
5 NOES:
6 ABSENT:
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CLAUDE A. LEWIS, Mayor
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10 ATTEST:
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LORRAINE M. WOOD, City Clerk
13 (SEAL)
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;, -STATE OF CALIFORNIA — THE NATUPJM. RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor
CALIFORNIA COASTAL COMMISSION
j SAN DIEGO AREA
T575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CS. 92108-4421
(613) 767-2370.
Th30c
Filed:
49th Day:
August 27, 2009
October 15, 2009
180th Day: February 23,2010
Staff: TR-SD
Staff Report: October 14,2009
Hearing Date: November 4-6, 2009
REGULAR CALENDAR
STAFF REPORT AND PRELIMINARY RECOMMENDATION
Application No.: 6-09-051
Applicant: City of Carlsbad Agent: Michelle Ferguson
Description: Reconfiguration and augmentation of an existing rock revetment and
replacement of wing walls as a component of the larger project replacing
Encinas Creek Bridge.
Site:West side of southbound Carlsbad Boulevard at Encinas Creek, Carlsbad,
San Diego County
Substantive File Documents: Hydraulic Evaluation by Nolte Associates, Inc., dated
February, 2009; City of Carlsbad's certified Local Coastal Program; City
of Carlsbad CDP #08-09
Standard of Review: Chapter 3 Policies of the Coastal Act
Summary of Staff s Preliminary Recommendation:
Staff is recommending approval of the Coastal Development Permit with several special
conditions. While the project as proposed by the City does not result in any immediate
concerns regarding impacts to coastal resources, the project does not provide assurances
that the rock revetment will not result in any future impacts to public access or marine
resources. Staff is suggesting seven special conditions that serve to address these
concerns.
I. PRELIMINARY STAFF RECOMMENDATION:
The staff recommends the Commission adopt the following resolution:
MOTION: / move that the Commission approve Coastal
Development Permit No. 6-09-051 pursuant to the staff
recommendation.
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6-09-051
Page 2
STAFF RECOMMENDATION OF APPROVAL:
Staff recommends a YES vote. Passage of this motion will result in approval of the
permit as conditioned and adoption of the following resolution and findings. The motion
passes only by affirmative vote of a majority of the Commissioners present.
RESOLUTION TO APPROVE THE PERMIT:
The Commission hereby approves a coastal development permit for the proposed
development and adopts the findings set forth below on grounds that the development as
conditioned will be in conformity with the policies of Chapter 3 of the Coastal Act.
Approval of the permit complies with the California Environmental Quality Act because
either 1) feasible mitigation measures and/or alternatives have been incorporated to
substantially lessen any significant adverse effects of the development on the
environment, or 2) there are no further feasible mitigation measures or alternatives that
would substantially lessen any significant adverse impacts of the development on the
environment.
II. Standard Conditions.
See attached page.
III. Special Conditions.
The permit is subject to the following conditions:
1. Disposal of Export Material/Construction Debris. PRIOR TO THE ISSUANCE
OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall identify the
location for the disposal of export material and construction debris. If the site is located
within the coastal zone, a separate coastal development permit or permit amendment shall
first be obtained from the California Coastal Commission or its successors in interest.
2. Long-Term Monitoring Program. PRIOR TO THE ISSUANCE OF THE
COASTAL DEVELOPMENT PERMIT, the applicant shall submit for review and
written approval of the Executive Director, a long-term monitoring plan for the existing
shoreline protection. The purpose of the plan is to monitor and identify damage or
changes to the revetment such that repair and maintenance is completed in a timely
manner to avoid further encroachment of the revetment on the beach. The monitoring
plan shall incorporate, but not be limited to the following:
a. An evaluation of the current condition and performance of the revetment,
addressing any migration or movement of rock which may have occurred on the
site and any significant weathering or damage to the revetment that may adversely
impact its future performance.
6-09-051
Page 3
b. Measurements taken from the benchmarks established in the survey as required in
Special Condition #5 of CDP #6-09-051 to determine settling or seaward
movement of the revetment. Changes in the beach profile fronting the site shall
be noted and the potential impact of these changes on the effectiveness of the
revetment evaluated.
c. Recommendations on any necessary maintenance needs, changes or
modifications to the revetment to assure its continued function and to assure no
encroachment beyond the permitted toe.
d. An agreement that the permittee shall apply for a coastal development permit
within 90 days of submission of the report for any necessary maintenance, repair,
changes or modifications to the project recommended by the report that require a
coastal development permit and implement the repairs, changes, etc. approved in
any such permit.
The above-cited monitoring information shall be summarized in a report prepared by a
licensed engineer familiar with shoreline processes and submitted to the Executive
Director for review and written approval. The report shall be submitted to the Executive
Director and the City of Carlsbad Engineering Department yearly after each winter storm
season but prior to the 1st of May, starting with May 1, 2010. Monitoring shall continue
throughout the life of the revetment or until the revetment is removed or replaced under a
separate coastal development permit.
The applicant shall undertake development in accordance with the approved monitoring
program. Any proposed changes to the approved program shall be reported to the
Executive Director. No changes to the program shall occur without a Coastal
Commission approved amendment to this coastal development permit unless the
Executive Director determines that no amendment is legally required.
3. Future Maintenance. The applicant shall maintain the existing revetment in its
approved state. Any change in the design of the revetment or future
additions/reinforcement of the revetment beyond exempt maintenance as defined in
Section 13252 of Title 14 of the California Code of Regulations to restore the structure to
its original condition will require a coastal development permit. However, in all cases, if
after inspection, it is apparent that repair and maintenance is necessary, the
applicant shall contact the Executive Director to determine whether a coastal
development permit or an amendment to this permit is legally required, and, if
required, shall subsequently apply for a coastal development permit or permit
amendment for the required maintenance.
4. No Future Seaward Extension of Shoreline Protective Devices. By acceptance of
this Permit, the applicant agrees, on behalf of itself and all successors and assigns, that no
future repair or maintenance, enhancement, reinforcement, or any other activity affecting
the existing shoreline protective device, shall be undertaken if such activity extends the
footprint seaward of the existing device. By acceptance of this Permit, the applicant
6-09-051
Page 4
waives, on behalf of itself and all successors and assigns, any rights to such activity that
may exist under Public Resources Code Section 30235.
5. As Built Plans. Within 60 days of completion of the project, the applicant shall
submit as-built plans for the approved revetment and associated structures and submit
certification by a registered civil engineer, acceptable to the Executive Director, verifying
the revetment and associated structures have been constructed in conformance with the
approved plans for the project (dra/ted by the City of Carlsbad and received on October
8, 2009). The plans shall identify permanent benchmarks from fixed reference point(s)
from which the elevation and seaward limit of the revetment can be referenced for
measurements in the future.
6. Project Modifications. Only that work specifically described in this permit is
authorized. Any additional work requires separate authorization from the Commission or
Executive Director, if appropriate. If, during construction, site conditions warrant
changes to the project, the San Diego District office of the Coastal Commission shall
be contacted immediately and before any changes are made to the project in the
field. No changes to the project shall occur without an amendment to this coastal
development permit unless the Executive Director determines that no amendment is
legally required.
7. Assumption of Risk, Waiver of Liability and Indemnity Agreement
A. By acceptance of this permit, the applicant acknowledges and agrees (i) that
the site may be subject to hazards from storm waves, flooding, and erosion;
(ii) to assume the risks to the applicant and the property that is the subject of
this permit of injury and damage from such hazards in connection with this
permitted development; (iii) to unconditionally waive any claim of damage or
liability against the Commission, its officers, agents, and employees for injury
or damage from such hazards; and (iv) to indemnify and hold harmless the
Commission, its officers, agents, and employees with respect to the
Commission's approval of the project against any and all liability, claims,
demands, damages, costs (including costs and fees incurred in defense of such
claims), expenses, and amounts paid in settlement arising from any injury or
damage due to such hazards.
B. PRIOR TO ANY CONVEYANCE OF THE PROPERTY THAT IS
THE SUBJECT OF THIS COASTAL DEVELOPMENT PERMIT, the
applicant shall execute and record a deed restriction, in a form and content
acceptable to the Executive Director: (1) indicating that, pursuant to this
permit, the California Coastal Commission has authorized development on the
subject property, subject to terms and conditions that restrict the use and
enjoyment of that property (hereinafter referred to as the "Standard and
Special Conditions"); and (2) imposing all Standard and Special Conditions of
this permit as covenants, conditions and restrictions on the use and enjoyment
of the Property. The restriction shall include a legal description of the
6-09-051
Page 5
applicant's entire parcel or parcels. It shall also indicate that, in the event of
an extinguishment or termination of the deed restriction for any reason, the
Standard and Special Conditions of this permit shall continue to restrict the
use and enjoyment of the subject property so long as either this permit or the
development it authorizes - or any part, modification, or amendment thereof -
remains in existence on or with respect to the subject property.
C. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT
PERMIT, the applicant shall submit a written agreement, in a form and
content acceptable to the Executive Director, incorporating all of the above
terms of this condition.
IV. Findings and Declarations.
The Commission finds and declares as follows:
1. Detailed Project Description/History.
The project in its entirety is the replacement of a bridge over Encinas Creek. The bridge
provides contiguous access for southbound Carlsbad Boulevard, a major coastal access
route in the City of Carlsbad. The replacement of the bridge includes development in
both the City of Carlsbad's and the Coastal Commission's jurisdictions. Through mutual
cooperation, the City and Commission staff determined where the line between the two
jurisdictions is located. Based on the information available at this time, it was
determined that the bridge replacement is located within the City's LCP permit
jurisdiction and the wing walls and rock revetment located west of the bridge are located
within the Commission's area of original jurisdiction. The Commission retains
jurisdiction for this portion of the project because portions of the revetment and wing
walls are located west of the Mean High Tide Line (MHTL). As such, the Commission is
reviewing the above stated portions of the project for consistency with Chapter 3 of the
Coastal Act. However, because the bridge, wing walls, and revetment are innately
connected, the project description includes all components of the project for clarity.
The project was initiated when Caltrans identified the need to remove and replace the
Encinas Creek Bridge due to severe deterioration. Exposed reinforcing bars have become
heavily corroded. For several years now Caltrans has classified the bridge as structurally
deficient and in need of replacement. Due to severe deterioration of the structure on the
west side, traffic has been shifted to the east side of the bridge where the girders are in
much better condition. Additionally, due to the extent of the degradation, replacement is
necessary as soon as possible.
The existing bridge, which according to the City was constructed in 1913, is a culvert-
style concrete bridge approximately 69 feet wide. It would be replaced by a narrower
bridge, made of a prefabricated concrete arch bridge structure approximately 45 feet in
width, thereby reducing the overall width of the bridge by approximately 26 feet. This
reduction in width is possible because the current bridge structure is oversized for the
6-09-051
Page 6
provision of only the southbound traffic lanes it accommodates. The new bridge will be
approximately 2 feet taller than the existing bridge, in order to accommodate 100-year
storm flows. The new bridge will have pedestrian sidewalks with railings. The City is
proposing the use of colored concrete for the bridge structure, consistent with the
Carlsbad Seawall located along the coast of Carlsbad. The construction is expected to
take up to 4 months. As proposed, no work will occur between Memorial Day weekend
and Labor Day weekend. The existing bridge and roadway are currently protected by a
pre-Coastal Act riprap revetment. Currently the revetment is in need of maintenance and
augmentation.
Southbound Carlsbad Boulevard will be closed to through traffic during replacement of
the bridge, wing walls, and revetment. A Detour Plan will be implemented and will
reroute all southbound traffic of Carlsbad Boulevard at Palomar Airport Road to Avenida
Encinas, Poinsettia Lane, and then back to Carlsbad Boulevard. South of Palomar
Airport Road, access will be limited to local residential access of Solamar Drive.
There will be a temporary loss of 34 public parking spaces as a result of the road closure.
The City of Carlsbad will mitigate for this loss by installing temporary recreational
parking signs at a dirt lot at the intersection of Carlsbad Boulevard and Palomar Airport
Road. This lot currently operates as an undesignated parking area for recreational beach
users and can accommodate the additional temporary parking, given that the construction
will be completed during the off-peak season.
The City approved the portion of the project within its permit jurisdiction on August 19,
2009. The portion in the City's jurisdiction was appealable to the Coastal Commission;
however, no appeals were filed.
2. Project Description for Portion in the Coastal Commission's Jurisdiction
The portion of the project to be approved through this Coastal Development Permit
application includes only the wing walls of the bridge and the rock revetment located
west of Carlsbad Boulevard, both north and south of the bridge.
As proposed, the riprap requires reconfiguration to adequately protect Carlsbad
Boulevard and the bridge from wave action. The existing riprap would be reconfigured
and supplemented with an additional approximately 650 cubic yards of 4-ton rock, 650
cubic yards of 2-ton rock, and 700 cubic yards of one-quarter-ton rock. The riprap will
be added for approximately 118 feet to the north of the bridge and approximately 149 feet
south of the bridge in order to provide protection for the currently eroding roadway
embankment. As required the by certification of the Environmental Impact Report (EIR),
and thus, as proposed by the City, the new riprap will not extend beyond the limits of the
existing riprap and is proposed at 1.5:1 slope to further limit encroachment onto the
beach. Further, the City is proposing the wing walls to be placed parallel to the roadway,
further decreasing potential impacts to public access.
6-09-051
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During construction, sheet piling will be used on both sides of the bridge in order to
control wave action and specify construction zones. In addition, safety fencing will be
used to help protect the public while the bridge is being constructed. Temporary fencings
will also be placed to delineate construction limits, and no equipment will be stored on
the beach overnight.
3. Shoreline Protective Devices. The City is proposing to augment an existing pre-
Coastal rock revetment. The Coastal Act has two applicable policies addressing this
issue which state, in part:
Section 30253
New development shall:
(1) Minimize risks to life and property in areas of high geologic, flood, and fire
hazard.
(2) Assure stability and structural integrity, and neither create nor contribute
significantly to erosion, geologic instability, or destruction of the site or surrounding
area or in any way require the construction of protective devices that would
substantially alter natural landforms along bluffs and cliffs.
Section 30235
Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and
other such construction that alters natural shoreline processes shall be permitted when
required to serve coastal-dependent uses or to protect existing structures or public
beaches in danger of erosion, and when designed to eliminate or mitigate adverse
impacts on local shoreline sand supply. Existing marine structures causing water
stagnation contributing to pollution problems or fish kills should be phased out or
upgraded where feasible.
The City of Carlsbad also has policies within its certified LCP pertaining to shoreline
protective devices, which are detailed below (used as guidance only):
Section 21.204.110 4b of the Coastal Shoreline Development Overlay zone states:
Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and
other such construction that alters natural shoreline processes shall be permitted when
required to serve coastal-dependent uses or to protect existing structures or public
beaches in danger from erosion, and when designed to eliminate or mitigate adverse
impacts on local shoreline sand supply Provisions for the maintenance of any
permitted seawall shall be included as a condition of project approval Seawalls
shall be constructed essentially parallel to the base of the bluff and shall not obstruct or
interfere with the passage of people along the beach at any time.
/3
6-09-051
PageS
In addition, The Mello IILUP contains policies that address coastal erosion. Policy 4-1
provides:
(a) Development along the Shoreline
For all new development along the shoreline, including additions to existing
development, a site specific geologic investigation and analysis similar to that
required by the Coastal Commission's Geologic Stability and Bluff Top Guidelines
shall be required; for permitted development, this report must demonstrate bluff
stability for 75 years, or the expected lifetime of the structure, whichever is greater.
Additionally, permitted development shall incorporate, where feasible, subdrainage
systems to remove groundwater from the bluffs, and shall use drought-resistant
vegetation in landscaping, as well as adhering to the standards of erosion control
contained in the Carlsbad Master Drainage Plan. A waiver of public liability shall be
required for any permitted development for which an assurance of structural stability
cannot be provided.
Again, to clarify, the project in its entirety consists of the replacement of an existing and
deteriorated bridge providing southbound access for Carlsbad Boulevard crossing
Encinas Creek and includes the replacement of the existing wing walls and revetment,
both of which serve to protect the bridge and Carlsbad Boulevard. The proposed wing
walls and revetment are located below the Mean High Tide Line and are thus within the
Commission's retained jurisdiction. The remainder of the project, the bridge replacement
itself, is within the City of Carlsbad's permit jurisdiction (and has been approved pursuant
to Carlsbad CDP #09-08) and thus is only included in this review as background
information.
The portion within the Commission's jurisdiction includes the reconfiguration of an
existing pre-Coastal rock revetment. The revetment is necessary to protect Carlsbad
Boulevard from erosion and overtopping by waves during storm events. The proposed
reconfiguration includes augmenting the existing rock as well as supplementing
approximately 650 cubic yards of 4-ton rock, 650 cubic yards of 2-ton rock, and 700
cubic yards of one-quarter-ton rock. The riprap will be added for approximately 118 feet
to the north of the bridge and approximately 149 feet south of the bridge in order to
stabilize the currently eroding roadway embankment. As required by the certified
Environmental Impact Report (EIR), and thus, as proposed by the City, the new riprap
will not extend beyond the limits of the existing riprap.
The current revetment includes rocks that have become dislodged from the revetment,
and are now located on the remaining sandy beach and are thus encroaching upon the
public beach. The revetment also includes various types of debris deposited over time to
supplement the revetment. Most of this debris is made up of materials such as concrete
and rebar, neither of which are considered to be desirable materials for a rock revetment.
As such, the City is proposing to remove the rocks that have fallen and are taking up
useable beach area and to remove all foreign debris from the existing revetment.
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The Commission's engineering staff have reviewed the proposed project and concur that
the revetment is necessary, is the minimum required, and has been designed appropriately
to address both scour depth and sea level rise and thus, as proposed, will adequately
protect Carlsbad Boulevard.
However, the City failed to address impacts associated with any future maintenance,
improvements, or seaward expansion of the revetment. The reconfiguration of the
revetment with serve to prolong the life of the revetment and as such all potential future
impacts shall be included in the Commission's review. Future impacts may include the
dislodging and/or scattering of revetment rock onto the public beach, resulting in
potential impacts to public safety and public access. As such, Special Condition #5
requires the City to submit as built plans within 60 days of construction completion to
identify the location of the benchmarks from fixed reference point(s) from which the
elevation and seaward limit of the revetment can be calculated. Special Condition #2
requires the City to submit annual monitoring reports to the Commission to determine
settling or seaward movement of the revetment to ensure the revetment continues to be
configured to minimize impacts to public access. Special Condition #3 requires the
applicant to contact the Executive Director if repair or maintenance is necessary to
determine whether a coastal development permit is required, and Special Condition #4
requires the applicant to waive any rights to future seaward extension of the revetment.
Lastly, due to the inherent risk of shoreline development, Special Condition #7 requires
the City waive liability and indemnify the Commission against damages that might result
from the proposed shoreline devices or their construction. This special condition further
requires the City to execute and record a deed restriction on the revetment prior to any
conveyance of the property. The risks-of the proposed development include that the
proposed shoreline devices will not protect against damage to the street from waves,
storm waves, flooding, and erosion. Although the Commission has sought to minimize
these risks, the risks cannot be eliminated entirely. Given that the applicants have chosen
to construct the proposed development despite these risks, the applicant and any future
property owner must assume the risks. All of these special conditions will ensure that the
revetment remains in a configuration that can be considered the least impactive to coastal
resources, consistent with the above cited Chapter 3 policies of the Coastal Act.
4. Public Access. As stated above, the proposed project may result in impacts to
public access. As such, the following Coastal Act policies are applicable and state, in
part:
Section 30210
hi carrying out the requirement of Section 4 of Article X of the California
Constitution, maximum access, which shall be conspicuously posted, and recreational
opportunities shall be provided for all the people consistent with public safety needs
and the need to protect public rights, rights of private property owners, and natural
resource areas from overuse.
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Section 30211
Development shall not interfere with the public's right of access to the sea where
acquired through use or legislative authorization, including, but not limited to, the
use of dry sand and rocky coastal beaches to the first line of terrestrial vegetation.
Section 30212
(a) Public access from the nearest public roadway to the shoreline and along the
coast shall be provided in new development projects except where:
(1) it is inconsistent with public safety, military security needs, or the protection
of fragile coastal resources,
(2) adequate access exists nearby, or,
Section 30212.5
Wherever appropriate and feasible, public facilities, including parking areas or
facilities, shall be distributed throughout an area so as to mitigate against the
impacts, social and otherwise, of overcrowding or overuse by the public of any
single area.
Section 30214
(a) The public access policies of this article shall be implemented in a manner that
takes into account the need to regulate the time, place, and manner of public access
depending on the facts and circumstances in each case including, but not limited to,
the following:
(1) Topographic and geologic site character
ristics.
(2) The capacity of the site to sustain use and at what level of intensity.
(3) The appropriateness of limiting public access to the right to pass and repass
depending on such factors as the fragility of the natural resources in the area and
the proximity of the access area to adjacent residential uses.
(4) The need to provide for the management of access areas so as to protect the
privacy of adjacent property owners and to protect the aesthetic values of the area
by providing for the collection of litter.
6-09-051
Page 11
Section 30252
The location and amount of new development should maintain and enhance
public access to the coast by (1) facilitating the provision or extension of transit-
service, (2) providing commercial facilities within or adjoining residential
development or in other areas that will minimize the use of coastal access roads, (3)
providing nonautomobile circulation within the development, (4) providing adequate
parking facilities or providing substitute means of serving the development with
public transportation,....
The replacement of Encinas Creek Bridge is intended to provide safe transportation along
Carlsbad Boulevard over Encinas Creek. The current bridge is almost 100 years old and
is classified by Caltrans as structurally deficient. Due to the severe deterioration of the
structure, traffic was previously shifted to the east side of the bridge where the girders are
in better condition. Therefore, the replacement of the bridge is necessary to protect
public safety, and thus completion of the project in its entirety will result in an
improvement to public access. Further, the completed bridge will include bike lanes to
facilitate beach access to bicycle-riders. Also, the new bridge will be designed to
accommodate 100-year flood flows, and decrease the number of closures of Carlsbad
Boulevard do to wave and stormwater overtopping the roadway. All of these can be
considered improvements to public access and therefore consistent with the Coastal Act.
However, some potential for impacts to public access are also associated with the
proposed development. Again, the portion of the project specifically within the
Commission's jurisdiction includes the construction of the wing walls, and the
reconfiguration of the existing revetment. The wing walls border and provide support for
a bridge that spans the outlet for Encinas Creek. The revetment is located between
Carlsbad Boulevard and California State Beach lands, for a distance of approximately
270 feet. Carlsbad State Beach Campground is located directly to the north of the site,
and a public beach parking lot housing 34 parking spaces is located directly to the south.
As such, this project location and its surrounding areas can be considered to provide
high-priority public access to the coast.
The project, as proposed, will require the closure of the existing beach parking lot for the
entire four month construction period and includes improvements to a revetment
currently occupying the sandy beach. Both of these may result in potentially significant
impacts to public access. However, the City has included a number of measures to
address these potential impacts. For example, the City proposes to limit all of the work to
a four month window between late January 2010 and Memorial Day. All work has been
prohibited between Memorial and Labor Day, or what is considered to be the peak beach
season. Further, while the City did not propose additional parking to mitigate for the loss
of 34 parking spaces, it did include additional signage directing the public to a dirt lot
located nearby. Further, Special Condition #6 requires that the construction be carried
out as described, thus if the City wants to lift the peak-season ban, or remove the signage
n
6-09-051
Page 12
for the nearby unimproved parking lot, such modifications would require further review
by the Commission. It is important to note that the closure of the parking lot is necessary
for public safety and thus is considered an unavoidable, yet temporary impact. Thus, the
combination of limiting all work to the non-peak summer months of the year and the
increased signage at an existing public lot, provide adequate mitigation for the public
access impacts that will be caused by this project, and it can therefore be found consistent
with the applicable policies of the Coastal Act.
The existing revetment was originally constructed prior to the Coastal Act, and is
necessary to protect Carlsbad Boulevard. However, the revetment is located on sandy
beach, and the renovation of the revetment will extend the lifespan of the revetment, thus
potential impacts to public access need to be reviewed.
As proposed by the City, the revetment will maintain the existing footprint, and will not
encroach any further west. As such, the proposed revetment will not result in any
additional impacts to public access. Furthermore, the City has indicated that currently a
number of revetment rocks have been dislodged and are now encroaching on the sandy
beach beyond the proposed revetment limits. To address this concern, the City proposes
to remove/reuse any of the rock located west of the revetment. In addition, the City has
designed the revetment with a 1.5:1 slope to further limit beach encroachment.
However, the City failed to address impacts associated with any future maintenance,
improvements, or seaward expansion of the revetment. As previously stated, future
impacts may include the dislodging and/or scattering of revetment rock onto the public
beach, and, as such, Special Condition #5 requires the City to submit as built plans within
60 days of construction completion to document that the revetment has been constructed
consistent with approved plans and to identify the location of the benchmarks from fixed
reference point(s) from which the elevation and seaward limit of the revetment can be
documented. Special Condition #2 requires the City to submit annual monitoring reports
to the Commission to determine settling or seaward movement of the revetment to ensure
the revetment continues to be configured to minimize impacts to public access. Special
Condition # 3 requires the applicant to contact the Executive Director if repair or
maintenance is necessary to determine whether a coastal development permit is required,
and Special Condition #4 requires the applicant to waive any rights to future seaward
extension of the revetment. All of these special conditions will ensure that the revetment
remains in a configuration that can be considered the least impactive to public access,
consistent with the above-cited Chapter 3 policies of the Coastal Act.
5. Water Quality and Marine Resources. The Coastal Act has several policies
protection the quality of coastal waters and marine resource and state:
Section 30230
Marine resources shall be maintained, enhanced, and where feasible, restored.
Special protection shall be given to areas and species of special biological or
economic significance. Uses of the marine environment shall be carried out in a
6-09-051
Page 13
manner that will sustain the biological productivity of coastal waters and that will
maintain healthy populations of all species of marine organisms adequate for long-
term commercial, recreational, scientific, and educational purposes.
Section 30231
The biological productivity and the quality of coastal waters, streams, wetlands,
estuaries, and lakes appropriate to maintain optimum populations of marine
organisms and for the protection of human health shall be maintained, and where
feasible, restored, through, among other means, minimizing adverse effects of waste
water discharges and entrainment, controlling runoff, preventing depletion of ground
water supplies and substantial interference with surface water flow, encouraging
waste water reclamation, maintaining natural vegetation buffer areas that protect
riparian habitats, and minimizing alteration of natural streams.
Section 30232
Protection against the spillage of crude oil, gas, petroleum products, or hazardous
substances shall be provided in relation to any development or transportation of such
materials. Effective containment and clean up facilities and procedures shall be
provided for accidental spills that do occur.
The City of Carlsbad also has policies pertaining to water quality and marine resources
that can be used as guidance and state:
Mello II Policy 3-1 .2 Environmentally Sensitive Habitat Areas (ESHA)
Pursuant to Section 30240 of the Coastal Act, environmentally sensitive habitat areas,
as defined in Section 30107.5 of the Coastal Act, shall be protected against any
significant disruption of habitat values, and only uses dependent on those resources
shall be allowed within those areas.
Mello II Policy 3-4 Grading and Landscaping Requirements
f) Development projects should be designed to comply with the following site
design principles:
1 . Protect slopes and channels to decrease potential for slopes and/or channels
from eroding and impacting storm water runoff.
3. Preserve, and where possible, create or restore areas that provide important
water quality benefits, such as riparian corridors, wetlands and buffer zones.
Land acquisition of such areas shall be encourages.
6-09-051
Page 14
4. Provide development free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
9. Limit disturbances of natural water bodies and natural drainage systems
caused by development including roads, highways, and bridges.
10. Design streets and circulation systems to reduce pollutants associated
with vehicles and traffic resulting from development.
The portion of the project within the Commission's jurisdiction includes only the wing
walls for the bridge and the rock revetment located west of Carlsbad Boulevard and
immediately north and south of Encinas Creek. The proposed project is directly adjacent
to the Pacific Ocean and spans Encinas Creek. Potential impacts to marine resources
exist due to the use of concrete, the removal of debris from the existing revetment, and
excavating into ground water that is below the Mean High Tide Line.
It is anticipated that groundwater will be encountered at a depth of nine feet below the
existing ground surface. Ground water is expected to be encountered during excavation,
especially during high tides or after periods of precipitation. It is likely that groundwater
dewatering practices will be required during construction. The following series of Best
Management Practices (BMPs) are proposed to address these concerns:
. Spoils, trash, or any debris remaining at the site after completion shall be removed
and disposed of at an approved disposal facility
. No equipment refueling shall be located at the construction site outside of the
designated areas. Fueling of construction equipment shall take place on existing
paved roads and not within or adjacent to any drainages, wetlands, or native
habitats.
. "Fueling Zones" shall be designated on construction maps and qualified biologists
shall flag the limits of "fueling zones." These fueling zones shall be located at
least 50 feet from all drainage features and wetlands
• All stockpiled soil should be stored in 55-gallon drums within the roadway (non-
wetland areas).
• Stockpiles shall not remain on-site for more than one week
The City is also requiring a complete Storm Water Pollution Prevention Plan (SWPPP)
for additional site specific concerns. Again, Special Condition #6 requires that the work
either be carried-out precisely as proposed, or requires the City to come forward with the
proposed changes for review and approval by the Commission or Executive Director, if
appropriate. As such, the City is required to carry out all mitigation measures in the
approved manner, thereby eliminating any significant water quality and marine resource
impacts associated with the construction phase of the project.
6-09-051
Page 15
A further concern regarding potential impacts to water quality and marine resources is
associated with the removal of debris that has been previously deposited on top of the
existing revetment. Large pieces of concrete and other materials have been added to the
revetment overtime, The removal of this debris has been included in the project
description. As such, assurances need to be made that the removed debris will be
disposed of properly. Special Condition #1 requires the City to identify the disposal site
for all debris to be removed and if located within the Coastal Zone, evidence of a valid
coastal development permit for the disposal is required.
During construction, Enemas Creek will be temporarily dammed via sheet pilings to
divert water around the bridge and then pumped onto the beach. As such, there is a
potential for impacts to water quality and marine resources is the temporary dam fails
while there are potential pollutants in the construction area. The City has included that
the dam and pump system be monitored during any and all storm events to ensure that
water damming does not reach volumes that could cause the sheet piling to fail. Again,
Special Condition #6 requires the applicant to contact the Coastal Commission should
any project modifications become necessary. As such, the project as conditioned can be
found consistent with the applicable policies of the Coastal Act.
Lastly, the design of the bridge, while not a component of this permit review, will result
in potential benefits to water quality and marine resources. The current bridge is wider
than necessary, and the replacement bridge will be approximately 26 feet less in width,
the result being some land returned back to an undeveloped state and revegetated with
native plants. Further, the replacement bridge will be two feet taller in elevation to
accommodate 100-year flood flows. Currently the bridge does not sit high enough above
the channel to accommodate such flows, which, in combination with the vegetation
naturally existing within the creek, leads to storm-water flows being impeded during
storm events, thereby causing stagnant water to swell east of the bridge. Stagnant water
can lead to significant impacts to water quality and marine resources, such as algal
blooms and fish kills. By designing the replacement bridge to accommodate such flows,
the proposed project will result in improvements to water quality and marine resources
during storm events and is consistent with the Coastal Act.
6. Local Coastal Planning. The portion of the Encinas Creek Bridge replacement
project addressed by this permit review is located in an area of the Coastal Commission's
retained permit jurisdiction, and, as such the Chapter 3 policies of the Coastal Act are the
standard of review. However, all applicable policies contained within the Mello II
Segment of the City's Local Coastal Program have been included as guidance through
this permit review process. Therefore, the Commission finds that approval of the
proposed development, as conditioned, will not prejudice the ability of the City to
continue implementation of its certified LCP.
7. Consistency with the California Environmental Quality Act (CEQA).
Section 13096 of the Commission's Code of Regulations requires Commission approval
of Coastal Development Permits to be supported by a finding showing the permit, as
conditioned, to be consistent with any applicable requirements of the California
6-09-051
Page 16
Environmental Quality Act (CEQA). Section 21080.5(d)(2)(A) of CEQA prohibits a
proposed development from being approved if there are feasible alternatives or feasible
mitigation measures available which would substantially lessen any significant adverse
effect which the activity may have on the environment.
The proposed project has been conditioned in order to be found consistent with the
Chapter 3 policies of the Coastal Act. Mitigation measures, including conditions
addressing the future maintenance and/or reconfiguration of the revetment will minimize
all adverse impacts. As conditioned, there are no feasible alternatives or feasible
mitigation measures available which would substantially lessen any significant adverse
impact which the activity may have on the environment. Therefore, the Commission
finds that the proposed project is the least environmentally-damaging feasible alternative
and is consistent with the requirements of the Coastal Act to conform to CEQA.
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledgment. The permit is not valid and development
shall not commence until a copy of the permit, signed by the permittee or authorized
agent, acknowledging receipt of the permit and acceptance of the terms and
conditions, is returned to the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years
from the date on which the Commission voted on the application. Development
shall be pursued in a diligent manner and completed in a reasonable period of time.
Application for extension of the permit must be made prior to the expiration date.
3. Interpretation. Any questions of intent or interpretation of any condition will be
resolved by the Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified person, provided assignee
files with the Commission an affidavit accepting all terms and conditions of the
permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall be
perpetual, and it is the intention of the Commission and the permittee to bind all
future owners and possessors of the subject property to the terms and conditions.
(G:\San Diego\Reports\2009\6-09-051 Encinas Creetdoc)
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STATE Of CALIFORNIA-THE NATURAU RESOURCES AGENCY ARNOLD aCHWAFEENEaaER, Governor
CALIFORNIA COASTAL COMMISSION
SAN OlEGO AREA
7575 METROPOLITAN DWVE, SUITE 103
SAN DISCO. CA 92108-440Z
(519) 787-2370
Th30c
Addendum
November 24 2009
To: Commissioners and Interested Persons
From: California Coastal Commission
San Diego Staff
Subject: Addendum to Th 30c, Coastal Commission Permit Application
#6-09-051 (Carlsbad Bridge Replacement), for the Commission Meeting
of November 5,2009.
Since the time the original staff report was completed, Coastal Commission technical staff
expressed some concerns regarding the size of rock used in the proposed revetment
reconfiguration. The City has since modified their proposal to address these concerns. As
such, the following modifications to the staff report serve to reflect these changes.
Therefore, staff recommends the following changes be made to the above-referenced start
report:
1. Add the attached schematic to the staff report as Exhibit #5
2. Modify Page 4, Special Condition #5, of the staff report as follows:
5. As Built Plans. Within 60 days of completion of the project, the applicant shall
submit as-built plans for the approved revetment and associated structures and submit
certification by a registered civil engineer, acceptable to the Executive Director, verifying
the revetment and associated structures have been constructed in conformance with the
approved plans for the project (drafted by the City of Carlsbad and received on October 8,
2009). The plans shall also verify that the toe of the revetment does not extend seaward "of
the +3' CMSL^ elevation and that the upper layer of the revetment includes a mix of two
ton (45%-50%'i and four ton C50%-55%) rocks pursuant to Exhibit #5 of this staff report.
The plans shall also, identify permanent benchmarks from fixed reference point(s) from
which the elevation and seaward limit of the revetment can be referenced for
measurements in the future.
3. Modify the first paragraph of Page 9 as follows:
The Commission's engineering staff have reviewed the proposed project and concur that
the revetment is necessary, ia the minimum required, and. However the proposed design
did raise some concerns. As proposed, the use of four ton rock would be limited to only •
-09 ,4:24 Fr0m-619 767 2384 619 767 2384
Addendum to 6-09-051
Page 2
the bottom half of the revetment; the identified concern being that the exclusive use of
smaller two ton rock at the top of the revetment would have a higher probability of being
dislodged from the revetment by wave action, thus resulting in potential impacts to public
access, public safety, and geologic stability of the revetment, the bluff and Carlsbad
Boulevard. As such, the City submitted a revised schematic (ref JExhibit #5) that includes
the use of two and four ton rock equally throughout the top portion of the revetment:
Commission staff lias reviewed the modi fled plans and concurs that the revetment^as
modified, has been designed appropriately to address both scour depth and sea level rise
and thus, as proposed, will adequately protect Carlsbad Boulevard. Special Condition #5
requires the Citv to submit as built plans within 60 days of project completion confirming
that the project has been constructed per the plans submitted by the City including the
seaward boundary of the revetment at +3' (MSL) elevation and the modification to
combine both two and four ton rock on the top portion of the revetment.
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SAN DIEGO COAST Ufc.«J'-T
CITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
20,048
12/01/09
HR
SETTLEMENT OF WORKERS'
COMPENSATION CLAIM OF ALEX
MITKEVICH
DEPT. HEAD
CITY ATTY. ^
CITYMGR.,
RECOMMENDED ACTION:
Adopt Resolution No. 2009-295 authorizing the settlement claim of Alex Mitkevich
ITEM EXPLANATION:
The claimant worked for the Carlsbad Police Department for 25 years as a Police
Officer before retiring in December of 2008.
Mr. Mitkevich sustained an injury to his low back while performing his usual and
customary job duties.
The terms and conditions of the proposed settlement are set forth in the Stipulations
with Request for Award, (on file in the Human Resources Department). The terms
and conditions were agreed upon by the claimant and the City, and have been
approved by TRISTAR, the City's Third Party Administrator, and the Workers'
Compensation Appeals Board.
FISCAL IMPACT:
The cost of the settlement is $56,292.21. There are sufficient funds available in the
Workers' Compensation Self-Insurance Fund to cover the cost of this settlement.
ENVIRONMENTAL IMPACT:
This amendment is statutorily exempt from CEQA pursuant to Public Resources Code Section
21080(b)(1).
EXHIBITS:
1. Resolution No. 2009-295
DEPARTMENT CONTACT: Deborah Jackson, (760) 602-2435,
Debbie.Jackson@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED D
DENIED D
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
1 RESOLUTION NO. 2009-295
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA,
4
WHEREAS, TRISTAR, the City's Third Party Administrator, has recommended a
5
settlement of the Workers' Compensation claim of Alex Mitkevich; and
6
WHEREAS, the settlement has been approved by the Workers' Compensation
7
Appeals Board on October 23, 2009; and8
WHEREAS, there are sufficient funds available in the Workers' Compensation
Self-Insurance Fund to pay the settlement.
11
12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
13 Carlsbad, California, as follows:
14 1. That the above recitations are true and correct.
15
2. That the expenditure of $56,292.21 from the Workers' Compensation Self-
16
Insurance Fund is authorized for the settlement of said claim.17
3. That the City Council approves the Stipulations with Request for Award on file
19 in the Human Resources Department.
20
21 //
22 //
23 //
24
25
26
27 "
28 "
1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
2 of the City of Carlsbad on the day of
3 2009, by the following vote to wit:
4
5
AYES:
6
NOES:
7
ABSENT:
8
9
10
11
CLAUDE A LEWIS, Mayor
12
ATTEST:
13
14
LORRAINE M. WOOD, City Clerk
16 (SEAL)
17
18
19
20
21
22
23
24
25
26
27
28
CITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
20,055
12/1/09
HR
AUTHORIZATION TO MODIFY REQUIREMENTS
FOR SEPARATION INCENTIVE PLAN (SIP)
AGREEMENTS THROUGH THE PUBLIC
AGENCY RETIREMENT SYSTEM (PARS)
DEPT. HEAD ^KU
CITY ATTY. <&*
CITY MGR. hj^
RECOMMENDED ACTION:
Adopt Resolution No. 2009-300 modifying the participation requirements for employees
participating in the Separation Incentive Plan (SIP) through the Public Agency Retirement
System (PARS).
ITEM EXPLANATION:
In April 2002 the City of Carlsbad established a Separation Incentive Plan (SIP) through the
Public Agency Retirement System (PARS). This plan is intended for use in situations where
strategic staffing decisions have to be made, such as when a proposed reorganization of a
City department requires the elimination of a current job classification or when the assigned
duties of a particular position have changed so dramatically that an employee no longer
possesses the necessary skills to perform the job. In such instances, it has proven beneficial
to the City to have the flexibility to offer supplemental retirement options to employees who
have made positive, historic contributions to the organization. The SIP allows for a positive
means of ending the employment relationship, resulting in a "win-win" for both parties.
In an effort to reduce expenses and to reduce the number of full-time staff, the City has used
PARS SIP agreements on several occasions to eliminate positions, consolidate jobs and to
downsize the workforce. These early retirement options have been offered to employees who
meet certain requirements, and one such requirement is that the employee must have a
minimum of ten years of service with the City of Carlsbad. Staff recommends a slight
modification to this requirement to allow additional flexibility under the plan. It is suggested
that the City Manager (serving as the Plan Administrator) be given the authority to offer a
PARS SIP to employees who have less than ten years of service with the City. This will allow
the City Manager to use his/her discretion to offer a separation incentive to an employee if it
makes good business sense to do so.
Background
The City of Carlsbad established a Separation Incentive Plan (SIP) through the Public
Agency Retirement System (PARS) on April 1, 2002. When it was first established it was
specifically directed at management employees; the program was then expanded in June
2005 to include non-management employees. Participation in the PARS SIP is currently
subject to the following recommended parameters:
DEPARTMENT CONTACT: Julie Clark 760-602-2438 Julie.Clark@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
D
Dn
D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
D
D
D
D
• that the employee be eligible to participate in the PARS SIP as indicated in the PARS
Trust Agreement with the City of Carlsbad,
• that due to the strategic objectives and operational needs of the City, the employee's
position will be eliminated or restructured to the degree that the employee does not
possess the necessary skills for the position,
• that the employee has worked for the City a minimum of ten (10) years and is eligible
for retirement under the CalPERS retirement plan,
• that the full cost of the SIP be covered by the participating department's approved
personnel budget,
• that the action results in cost savings and/or increased efficiencies for the department,
• that the City Attorney, the Finance Director, and the Human Resources Director have
analyzed the respective legal, financial, and staffing implications and each
recommends the action, and
• that the City Manager (and when applicable, the City Attorney), after considering the
recommendations, approves the action.
During these difficult economic times, the City is continuing to look for ways to reduce the
size of the workforce and to restructure departmental operations where appropriate. To that
end, it would provide additional flexibility to the City Manager to offer PARS SIP agreements
to employees with less than ten years of service, if it can be shown that offering such an
agreement to a particular employee makes financial sense for the City. One such example of
this may be a situation in which an employee has previous work experience with another
agency that participates in the CalPERS retirement system. Such an employee meets the
minimum number of years to retire from CalPERS (currently five years) but would not be
eligible under the PARS SIP due to the current requirement of ten years of service with the
City of Carlsbad. In order to address situations of this nature, staff is recommending that the
third bullet point above be modified slightly to read as follows:
• that the employee is eligible for retirement under the CalPERS retirement plan,
• that the employee has worked for the City a minimum of ten (10) years, unless
economic conditions warrant a lesser number of years of service
This program allows the City to offer packages to individual employees or any class or group
of employees that the City feels would benefit from such a program. Eligibility for the
program is determined by the City and may vary in individual circumstances. The PARS SIP
is not a guaranteed privilege for any employee and is available only at the discretion of the
City.
FISCAL IMPACT:
There is no fiscal impact associated with this administrative change.
ENVIRONMENTAL IMPACT:
This amendment is statutorily exempt from CEQA pursuant to Public Resources Code
Section 21080(b)(1).
EXHIBITS:
1. Resolution No. 2009-300
EXHIBIT 1
1 RESOLUTION NO. 2QQ9-3QQ
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA MODIFYING REQUIREMENTS
3 FOR SEPARATION INCENTIVE PLAN (SIP) AGREEMENTS
4 THROUGH THE PUBLIC AGENCY RETIREMENT SYSTEM
(PARS).
5
WHEREAS, to fulfill its mission of providing top quality services, the City of
6
Carlsbad continually strives through its strategic goals to improve the efficiency and
7
effectiveness of its operations; and
9 WHEREAS, these efforts occasionally require the City to eliminate positions or to
10 restructure positions such that the incumbents no longer possess the necessary skills for
11 the positions; and
12 WHEREAS, the City is currently a member of the Public Agency Retirement
13 Systems (PARS); and
14 WHEREAS, PARS offers its member agencies a variety of products and services,
15 including retirement incentive programs, such as a Separation Incentive Plan (SIP); and
16
WHEREAS, a PARS SIP is a qualifying governmental plan under relevant sections
17
of the Internal Revenue Code (§§ 401 (a) and 501 (a)) and the California Government18
Code (§§ 53215 et seq.); and
20 WHEREAS, a PARS SIP provides the City with the flexibility, in appropriate cases
21 of offering incentives in lieu of discharging employees whose positions are being
22 eliminated or significantly restructured due to the implementation of the City's strategic
23 goals and objectives; and
24 WHEREAS, a PARS SIP is administered by Phase II Systems, the PARS Trust
25 Administrator, and
26
27
28
1 WHEREAS, it is in the best interest of the City to modify the recommended eligibility
2 requirements to include employees who have worked for the City of Carlsbad for less than
3 ten years, provided that economic conditions warrant a lesser number of years of service.
4 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Carlsbad
5
as follows:
6
1. That the participation by an employee in the SIP be subject to the following
7
parameters:
9 a. The employee is eligible to participate in the PARS SIP agreement as stated
10 in the PARS SIP Trust Plan document;
11 b. Due to the strategic objectives and operational needs of the City, the
12 employee's position is being eliminated or restructured such that the employee no longer
13 possesses the necessary skills for the position;
14 c. The employee is eligible for retirement under the CalPERS retirement plan;
d. The employee has worked for the City a minimum of ten (10) years,
16
unless economic conditions warrant a lesser number of years of service,
17
e. The full cost of the employee's participation in the SIP is covered by the
18
approved budget of the department in which the employee works;
20 f- The employee's participation in the SIP will result in cost savings and/or
21 increased efficiencies for the department;
22 g. The City Attorney, the Finance Director, and the Human Resources Director
23 have analyzed the respective legal, financial, and staffing implications and each
recommends the action; and
25 h. The City Manager (or when applicable, the City Attorney), after the
26
considering the recommendations, approves the action.
27
28
1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of
2 the City of Carlsbad on the day of , 2009, by the following vote:
3
4 AYES:
5
NOES:
6
ABSENT:
7"
8
9
10 CLAUDE A LEWIS, Mayor
11
ATTEST:
12 "
13
14 LORRAINE M. WOOD, City Clerk
15 (SEAL)
16
17
18
19
20
21
22
23
24
25
26
27
28
CITY OF CARLSBAD - AGENDA BILL 8
^AB# 20,049
MTG. 12/01/09
DEPT. ENG
TERMINATION OF LOCAL DECLARATION OF
EMERGENCY FOR REPAIR OF SEWER MAIN AT
2402 TAMARACK AVENUE
DEPT. HEAD l^f^T
CITY ATTY. (^"
CITY MGR. / . ,_
RECOMMENDED ACTION:
Adopt Resolution No. 2009-296 Terminating the Declaration of Local Emergency for
Replacement of the sewer main at 2402 Tamarack Avenue.
ITEM EXPLANATION:
On September 28, 2009, a sewer spill occurred at the abandoned Calaveras Sewer Treatment Plant
due to vandalism. The sewer spill was unable to be resolved by cleaning the pipe since there is
limited access to the gravity sewer pipe from the Treatment Plant to El Camino Real. The City
Manager declared a local state of emergency on October 1, 2009, which allowed for the temporary
installation of a 12" HOPE above ground ("high line"), while a new sewer pipe is installed in Tamarack
Avenue with adequate access for future maintenance.
The Notice to Proceed for the sewer line construction in Tamarack Avenue was issued to Orion
Construction Corporation on October 13, 2009, and it is anticipated that the project will take 90
calendar days to complete. The construction contract has been executed and an Emergency
Declaration is no longer necessary.
ENVIRONMENTAL IMPACT:
Emergency projects are statutorily exempt from CEQA pursuant to CEQA Guidelines section 15269.
FISCAL IMPACT:
The 2009-2010 Capital Improvement Program budget included funding for replacement of this sewer
pipeline referred to as reach NAHT1A. The sewer replacement funds which are currently appropriated
for this project are anticipated to be sufficient for the interim costs related to diverting the sewer flow to
the 12" HOPE high line and for constructing a new sewer pipeline in the City's right-of-way.
A final accounting of the project will be provided to Council at the same time as the Notice of
Completion.
EXHIBITS:
1. Resolution No. 2009-296 Terminating the Declaration of Local Emergency for replacement of
the sewer main at 2402 Tamarack Avenue.
DEPARTMENT CONTACT: Jacob Moeder 760-602-2736 Jacob.Moeder@carlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
Dn
nn
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
D
nn
n
1 RESOLUTION NO. 2009-296
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TERMINATING THE
3 DECLARATION OF LOCAL EMERGENCY FOR
REPLACEMENT OF THE SEWER MAIN AT 2402 TAMARACK
4 AVENUE.
5 WHEREAS, on September 28, 2009, a sewer main spill was discovered; and
6 WHEREAS, the sewer main spill was caused by vandals; and
7 WHEREAS, the sewer main spill was creating extreme peril to the safety of persons and
8 property at 2402 Tamarack Avenue; and
9 WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden,
10 unexpected occurrence that poses a clear and imminent danger, requiring immediate action to
11 prevent or mitigate the loss or impairment of life, health, property, or essential public services";
12 and
13 WHEREAS, a temporary sewer pipe high line was constructed to divert sewer flows; and
14 WHEREAS, due to the temporary nature of the above ground sewer line, it is critical that
15 the sewer line be replaced; and
16 WHEREAS, in the event of an emergency, Section 3.28.120 of the Carlsbad Municipal
17' Code gives the City Manager authority to declare a local emergency subject to confirmation by
1R the City Council, by four-fifths vote at its next regularly scheduled meeting following the
1Q declaration of the emergency; and
Of)WHEREAS, on October 1, 2009, the City Manager declared a state of Local Emergency;
21 and
22 WHEREAS, on October 6, 2009, City Council confirmed a continuing state of Local
23 Emergency; and
24 WHEREAS, on October 20, 2009, City Council confirmed a continuing state of Local
25 Emergency; and
26 WHEREAS, on November 3, 2009, City Council confirmed a continuing state of Local
Emergency; and
28
Z.
1 WHEREAS, on December 1, 2009, City Council declared the Local Emergency has
2 been abated and no need for state and Local Emergency to continue for the Tamarack Sewer
3 Repairs; and
4 WHEREAS, Orion Construction Corporation is expected to complete the sewer pipe
5 replacement project by January 2010.
6 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
7 California, as follows:
° 1. That the above recitations are true and correct.
g 2. That the Tamarack Sewer Replacement, Project No. 5510 is expected to be
completed by January 2010.
11 3. That the construction contract for the Tamarack Sewer Replacement, Project No.
12 5510 between the City of Carlsbad and Orion Construction Corporation has been executed and
13 the Emergency Declaration may be terminated.
14
15
16
17
18 '"
19 ///
20 ///
21 ///
22 ///
23 ///
24
25
26
27
28 "'3
1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
2 City of Carlsbad on the day of , 2009, by the following vote, to wit:
3 AYES:
4 NOES:
5 ABSENT:
6
7n
CLAUDE A. LEWIS, Mayor
8
9 ATTEST:
10
11
LORRAINE M. WOOD, City Clerk
12 (SEAL)
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CITY OF CARLSBAD - AGENDA BILL
AB# 20,050
MTG. 12/01/09
DEPT. ENG
AUTHORIZE THE MAYOR TO EXECUTE
COOPERATE WORK AGREEMENT FOR THE
COASTAL RAIL TRAIL PROJECT NO. 3455
DEPT. HEAD ^fj"
CITY ATTY. gg£.-
CITY MGR. L1 if A .••
RECOMMENDED ACTION:
Adopt Resolution No. 2009-297 authorizing the Mayor to execute the Cooperate Work
Agreement (CWA) extension for the Coastal Rail Trail, Project No. 3455.
ITEM EXPLANATION:
The Coastal Rail Trail is a multi-modal trail extending from San Luis Ray River in Oceanside to the
Santa Fe Depot in San Diego. The trail is located within the railroad right-of-way and on city streets.
North County Transit District (NCTD) owns the railroad right-of-way in Carlsbad.
On January 25, 2000, the City Council authorized the application for federal Intermodal Surface
Transportation Efficiency Act (ISTEA) TEA-21 funding for the Coastal Rail Trail project. A Program
Supplement was approved in 2001. These funds will expire on June 30, 2010. Staff has requested a
one-year extension for these funds. The CWA extension request requires approval of the City Council.
ENVIRONMENTAL IMPACT:
On April 17, 2001, City Council adopted the Mitigated Negative Declaration for the project (EIA 00-06)
as Resolution Number 2001-122. The Mitigated Negative Declaration was prepared in accordance
with California Environmental Quality Act (CEQA) guidelines and it covers the project from the San
Luis Rey River in Oceanside to the southern boundary of Del Mar. The City of San Diego chose to not
be a part of the Mitigated Negative Declaration.
As a result of the federal funding for the project, a National Environmental Protection Act (NEPA)
federal environmental document is needed. CALTRANS prepared and processed the Categorical
Exclusion in conformance with NEPA guidelines. The Federal Highway Administration approved the
Categorical Exclusion on August 1, 2001.
FISCAL IMPACT:
The funds have a "use-it or lose-it" policy. There is no guarantee the state will authorize the extension,
submitting the form will initiate the process. The City risks losing all or a portion of the $72,834 if the
form is not submitted.
EXHIBITS:
1.
2.
Resolution No. 2009-297 authorizing the Mayor to execute the Cooperate Work
Agreement for the Coastal Rail Trail, Project No. 3455.
Local Assistance Projects CWA Cycle 7 Budget Authority Lapsing June 30, 2010.
DEPARTMENT CONTACT: Sherri Howard, 760-602-2756 Sherri.Howard@carlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
D
D
D
D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
D
D
D
D
1
RESOLUTION NO. 2009-297
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO
SIGN COOPERATE WORK AGREEMENT FOR THE COASTAL
4 RAIL TRAIL PROJECT, NO. 3455
5 WHEREAS, the City Council of the City of Carlsbad, California, has determined it is
Q necessary and in the public interest to develop the multi-modal pathway located partially in
7 North County Transit District (NCTD) right-of-way; and
o WHEREAS, Federal Transportation Equity Act for the 21st Century funds in the amount
of $1,694,641 were authorized for the project; andy
WHEREAS, Federal funds in the amount of $72,834 for the project will expire June 30,
10
2010; and
11
WHEREAS; the Federal funds have a "use-it or lose-it" clause; and
12 WHEREAS, staff may not be able to expend all funds by the June 30, 2010 deadline;
13 and
14 WHEREAS, CALTRANS, the local assistance Federal fund manager, will allow a
15 one-time one-year extension on said funds.
16 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
17 California, as follows:
^ o 1. That the above recitations are true and correct.
2. That the Mayor is authorized to sign the Local Assistance Projects CWA Cycle 719
Budget Authority Lapsing June 30, 2010.20
///
21
///
23 ///
24 ///
25 ///
26 ///
27 ///
28
1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
2 City of Carlsbad on the day of , 2009, by the following vote, to wit:
3 AYES:
4 NOES:
5 ABSENT:
6
7 CLAUDE A. LEWIS, Mayor
s"
9 ATTEST:
10
11
LORRAINE M. WOOD, City Clerk
12 (SEAL)
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 3
Local Assistance Projects
CWA Cycle 7
Budjet Authority Lapsing June 30, 2010
(As of July 31, 2009)
District 11: Carlsbad
Fiscal
Year
2003-04
Fund
Source
Federal
STIP
Funds?
(Yes/No)
No
Fund ID
04DJ
Budget
Item
2660-102-
890
EA
955586
Dist
11
Agency
Name
Carlsbad
TOTAL tt OF FEDERAL PROJECTS:
Project
Prefix
CML
1
Project
Number
5308(005)
Location
Name
San Diego
Train Station
to Oceans ide
Transit
Center
Work Type
Description
Bike Lane
TOTALS:
Project
Status
Code
6A
Initial Project
Amount
(for FY)
$1,694,641
$1,694,641
Expenditure
Amt
(for FY)
$1,621,807
->..
$1,621,807
Unliquidated
Encumbrance
Balance
(for FY)
$72,834
$72,834
Date Balance
will be billed to
Caltrans
(month/year)
$40,664.00
Requesting a
CWA?
(Yes/No)
Yes
Is project
consistent
with original
scope &
purpose of
Appro priatio
n?
Yes
Delay
Code
9
Reason for
Delay
After agreeing
to an
alignment,
North County
Transit District,
the underlying
property
owner, has
decide to
eplore more
options, thus
delaying the
execution of
the easement.
Identify Any
Impediments
For
Completion
Dificulty in
obtaining
right of way
fort he
project from
NCTD.
Will Project
Be
Completed
Within
Extension?
(Yes/No)
Completion
Date?
Yes, June
2011
Name of
Local Agency
Contact
Providing
Info
Sherri
Howard
Additional
Comments
3. 3 miles of
the 8 miles of
trail have
been
completed.
Signature of Approving Agency's Board or Council:
Print Name:
Date:
CITY OF CARLSBAD - AGENDA BILL
10
AB# 20,051
MTG. 12/01/09
DEPT. TRS
REPORT ON CITY INVESTMENTS
AS OF OCTOBER 31, 2009
DEPT. HEAD JJ07?
CITYATTY. ' d^^
CITYMGR. l,^"
RECOMMENDED ACTION:
Accept and file report.
ITEM EXPLANATION:
The City's Investment Policy requires the City Treasurer to report to the City Council on a monthly
basis the status of the City's pooled investment portfolio. A quarterly report is also required for
the investments of bond proceeds held separately. The City's pooled investment portfolio as of
the month ended October 31, 2009 is summarized below.
Pooled Investment Portfolio (Cash and Securities)
Par Value
Cost of Investments
Amortized Cost (1)
Market Value (2)
Current Month
536,816,712
544,416,437
541,574,919
551,485,530
Prior Month
546,121,236
552,767,252
550,079,431
559,270,867
(1) The cost of investments adjusted for amortized premiums and discounts.
(2) The amount at which the investments could be sold. Source of market values is Union Bank
of California's custodial report as of 10/31/09.
The equity portion of the various funds in the total portfolio is summarized in the graph below.
Fund balances are restricted for various purposes. See Exhibit 8 for a more detailed breakdown.
FUND EQUITY IN POOLED INVESTMENTS
(Dollar Amounts in Millions)
General
$57.5
Speeial Revenue
$46.3
Capital Projects
$271.2
Other $3.2
Internal Sen'ice
$26.9
AgenC> SI 1.9
Enterprise
$124.6
Total Treasurer's Investment Portfolio at Amortized Cost
October 31, 2009 $541.6 million
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED D
DENIED D
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
D
D
D
D
DEPARTMENT CONTACT: Nancy Sullivan (760) 602-2473 Nancv.Sullivan@carlsbadca.qov
PAGE 2 OF AB REPORT ON CITY INVESTMENTS AS OF OCTOBER 31, 2009
Pooled Investment Interest Income
Cash Income Fiscal
Year-to-Date *
Current
Month FYTD
7,165,824
Prior
Month FYTD
5,565,811
Current Month
Income
1,600,013
*The cash income received is adjusted for any accrued interest purchased.
Pooled Investment Performance/Measurement
August 2009
September 2009
October 2009
Average Life
(Years)
1.63
1.59
1.62
Average Yield
To Maturity
2.82%
2.73%
2.63%
Modified Duration
1.540
1.503
1.537
All pooled investments have been made in accordance with the City's Investment Policy adopted
January 2, 1985 and last revised April 21, 2009. All investments were initially made in accordance
with the City's Investment Policy. Events subsequent to the purchase might have resulted in some
investments not being in compliance with the current policy. These events are typically a change
in the City's Investment Policy, a change in the credit rating subsequent to a purchase, or a
temporary reduction in total portfolio assets. See Exhibit 9 for details.
The pooled investment portfolio has the ability to meet the City's cash flow demands for the next
six (6) months.
EXHIBITS FOR POOLED INVESTMENTS:
1. Investment Portfolio Breakdown By Amortized Cost, Market Value, Cash Income, and Average Yield
2. Investment Portfolio Breakdown Of Maturities
3. Yield Comparison Graph
4. Market Yield Curve
5. Cumulative Cash Income Graph
6. Second Quarter Transactions
7. Detailed Investment Report
8. Fund Equity in Pooled Investments
9. Corporate Note and Commercial Paper Ratings
10. Percentage Weightings By Corporate Note Issuer
CITY OF CARLSBAD INVESTMENT PORTFOLIO
AS OF OCTOBER 31, 2009
BREAKDOWN BY AMORTIZED COST, MARKET VALUE, CASH INCOME, AND AVERAGE YIELD BY CLASS
Class
CD
FN
CP
TR
FA
CN
LAIF
CUSTODY
SWEEP
BANK ACCT
AMORTIZED
Current Month
33,000
12,376,655
0
101,727,604
282,737,784
106,058,245
35,801,670
(37,457)
2,498,318
379,101
COST MARKET VALUE
Prior Month Current Month
33,000 33,000
15,353,788
0
98,752,932
284,380,730
108,112,825
40,972,622
472
1,444,249
1,028,814
12,558,790
0
101,844,870
288,698,260
109,708,978
35,801,670
(37,457)
2,498,318
379,101
Prior Month
33,000
15,498,980
0
98,842,850
290,468,314
110,981,566
40,972,622
472
1 ,444,249
1,028,814
AVERAGE YIELD
Cash Income
Year to Date Current Month Prior Month
101
0
0
159,062
4,240,904
2,229,731
535,414
32
579
0
0.90
2.13
0.00
0.46
3.11
4.20
0.63
0.15
0.10
0.10
0.90
2.32
0.00
0.40
3.28
4.20
0.91
0.15
0.10
0.10
TOTALS $541,574,919 $550,079,431 $551,485,530 $559,270,867 $7,165,824 2.63%2.73%
CD - Certificate of Deposit
FN - Federal Discount Notes
CP - Corporate Paper
TR - US Treasury
FA - Federal Agency
CN - Corporate Notes
LAIF - Local Agency Investment Fund
Custody - Investment Cash account
SWEEP - General Fund Overnight Cash acccount
Bank Account - General Fund Cash account
xrni—i
03
CITY OF CARLSBAD INVESTMENT PORTFOLIO
AS OF OCTOBER 31, 2009
BREAKDOWN OF MATURITIES BY CLASSIFICATION AND LENGTH OF TIME
CLASS
CD
FN
CP
TR
FA
CN
LAIF
CUSTODY
SWEEP
BANK ACCT
TOTALS
% TOTALS
Total within One
WITHIN 6 MONTHS
33,000
2,994,569
0
51,371,338
34,132,979
5,097,515
35,801,670
(37,457)
2,498,318
379,101
$132,271,033 (1)
24.3%
Year
7 MONTHS TO 1 YEAR
0
0
0
24,535,742
54,560,395
16,075,380
0
0
0
0
$95,171,518 (1)
17.5%
$227,442,550 (1)
1 TO 5 YEARS
0
9,201,104
0
26,195,156
196,046,993
85,530,635
0
0
0
0
$316,973,887
58.2%
TOTAL
33,000
12,195,673
0
102,102,236
284,740,367
106,703,530
35,801,670
(37,457)
2,498,318
379,101
$544,416,437
100.0%
% TOTAL
0.0%
2.2%
0.0%
18.8%
52.3%
19.6% (2)
6.6%
0.0%
0.5%
0.1%
100.0%
41.8%
POLICY: (1) Not less than $126,950,000 to mature within one year. (2/3rds of current year operating budget of $190,416,000.00)
(2) Policy states that not more than 30% of portfolio is to be invested in corporate notes.x:ri—i
CO
YIELD COMPARISON
PORTFOLIO EX-LAIF VS. LAIF
JULY 1996 - OCTOBER 2009
—EX-LAtF
MARKET YIELD CURVE
6/30/08,6/30/09, 10/31/09
Market Rates
3Mth 2Yr 5Yr
3Mth 2Yr 5Yr 10 Yr
—06/30/2008
-*- 06/30/2009
^10/31/2009
1.73
.18
.05
2.62
1.11
.89
3.33
2.56
2.31
3.97
3.53
3.38
10 Yr
Cumulative Cash Income
FY09-10
Cumulative
Millions $
20
18
16
14
12
10
8
6
4
2^
n
(October 2009 )Monthly Interest Income
Millions $
o
^
^--^
j^'
^^
^^
^^^
1
'
.99
if/^
^^1.942^^^\.^\ 1.6
u
- 7
6
5
3
1
n
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
izzi Interest Income —*--Budget Actual
Xn:i—i
TOi—t
—I
01
City of Carlsbad
TRANSACTIONS FOR PERIOD:
10/01/09 TO 10/31/09 2ND QUARTER 2009-2010
Trans
Date
BUYS
OCTOBER
09/30/2009
09/30/2009
09/30/2009
09/30/2009
10/16/2009
10/16/2009
10/16/2009
10/16/2009
10/16/2009
10/19/2009
10/19/2009
10/19/2009
10/19/2009
10/19/2009
10/19/2009
10/27/2009
10/27/2009
Investment
Date
10/01/2009
10/01/2009
10/01/2009
10/13/2009
10/19/2009
10/19/2009
10/19/2009
10/19/2009
10/19/2009
10/20/2009
10/20/2009
10/20/2009
10/20/2009
10/20/2009
10/27/2009
10/28/2009
10/28/2009
Maturity
Date
01/31/2011
08/05/201 1
09/24/2012
10/13/2010
01/31/2011
05/23/2012
07/19/2012
10/21/2013
02/28/201 1
06/18/2012
02/07/2013
05/22/2013
06/12/2013
06/30/2014
07/27/2012
05/31/2011
06/30/201 1
Type
TR
FA
FA
FA
TR
FA
FA
FA
TR
FA
FA
FA
FA
FA
FA
TR
TR
Security
US TREASURY
FHLB
FFCB
FHLB
US TREASURY
TVA
FFCB
FFCB
US TREASURY
FFCB
FFCB
FHLMC
FHLMC
FFCB
FNMA
US TREASURY
US TREASURY
Call
Date
N/A
N/A
N/A
04/13/10
N/A
N/A
10/19/2010
N/A
N/A
N/A
N/A
N/A
N/A
N/A
10/27/2010
N/A
N/A
TOTAL SECOND QUARTER 2009-2010
MATURITIES
OCTOBER
NOVEMBER
Nn
11/01/2007
03/19/2007
03/05/2008
01/22/2008
10/23/2008
06/18/2009
06/18/2009
06/05/2009
03/06/2008
01/28/2008
01/31/2008
01/22/2008
01/22/2008
05/11/2009
06/05/2009
06/18/2009
06/01/2009
06/18/2009
10/27/2009
10/02/2009
10/23/2009
10/28/2009
10/01/2009
10/15/2009
10/22/2009
10/29/2009
11/06/2009
11/13/2009
11/13/2009
11/16/2009
11/18/2009
11/19/2009
11/19/2009
11/19/2009
11/27/2009
11/27/2009
CN
FA
FA
FA
FN
TR
TR
TR
FA
FA
FA
FA
FA
TR
TR
TR
TR
TR
GENERAL ELECTRIC
FHLB
FFCB
FNMA
FHLBN
US TREASURY
US TREASURY
US TREASURY
FFCB
FFCB
FHLB
FNMA
FHLMC
US TREASURY
US TREASURY
US TREASURY
US TREASURY
US TREASURY
N/A
NA
NA
NA
NA
NA
NA
NA
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Par
Value
3,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
3,000,000.00
3,000,000.00
3,000,000.00
2,000,000.00
3,000,000.00
3,000,000.00
1,000,000.00
500,000.00
500,000.00
3,000,000.00
1,000,000.00
3,000,000.00
3,000,000.00
36,000,000.00
2,000,000.00
3,000,000.00
2,000,000.00
500,000.00
3,000,000.00
5,000,000.00
4,000,000.00
3,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
2,000,000.00
2,080,000.00
2,000,000.00
3,000,000.00
5,000,000.00
2,000,000.00
4,000,000.00
Coupon
0.875%
1 .375%
1 .800%
.35% STEP
0.875%
6.790%
1 .550%
5.350%
0.875%
2.i25%
5.150%
4.250%
4.000%
4.375%
1 .700%
0.875%
1.125%
5.250%
5.00%
5.00%
4.00%
0.00%
0.00%
0.00%
0.00%
4.350%
4.125%
4.250%
4.000%
4.125%
0.000%
0.000%
0.000%
0.000%
0.000%
Amount
(Cost)
3,014,531.25
1,006,100.00
1,003,470.00
2,000,000.00
3,012,656.25
3,399,498.48
2,995,200.00
2,235,072.36
3,011,718.75
3,049,023.21
1,102,490.00
536,967.86
532,794.50
3,234,480.00
998,800.00
3,008,320.31
3,018,398.44
37,159,521.41
2,030,120.00
3,014,820.00
2,090,620.00
508,645.00
2,914,250.00
4,997,190.28
3,997,480.00
2,997,810.00
1,031,080.00
2,049,060.00
1,024,930.00
2,038,020.00
2,124,168.80
1,996,693.33
2,996,799.17
4,994,866.67
1,997,315.00
3,995,860.00
Return
Rate
0.509%
1 .040%
1 .680%
0.550%
0.544%
1 .534%
1.610%
2.264%
0.587%
1 .496%
1 .926%
2.100%
2.120%
2.595%
1.745%
0.699%
0.755%
1 .274%
4.450%
4.790%
2.160%
2.986%
3.109%
0.172%
0.183%
0.183%
2.43%
2.71%
2.81%
2.92%
2.92%
0.32%
0.23%
0.24%
0.27%
0.23%
Interest
20,421.20
19,261.11
50,180.00
11,000.00
21,012.23
128,989.85
132,675.00
193,522.08
24,103.07
120,622.62
67,316.94
39,296.03
40,094.39
381,665.83
47,950.00
10,758.20
11,005.43
1,319,873.98
178,713.33
365,596.67
72,713.33
26,688.33
171,500.00
2,809.72
2,520.00
2,190.00
_
41 ,420.00
98,752.50
50,861.67
107,313.33
112,177.87
3,306.67
3,200.83
5,133.33
2,685.00
4,140.00
Investment
Return
3,034,952.45
1,025,361.11
1,053,650.00
2,011,000.00
3,033,668.48
3,528,488.33
3,127,875.00
2,428,594.44
3,035,821.82
3,169,645.83
1,169,806.94
576,263.89
572,888.89
3,616,145.83
1,046,750.00
3,019,078.51
3,029,403.87
38,479,395.39
2,208,833.33
3,380,416.67
2,163,333.33
535,333.33
3,085,750.00
5,000,000.00
4,000,000.00
3,000,000.00
1 ,072,500.00
2,147,812.50
1,075,791.67
2,145,333.33m
2,236,346.67g
2,000,000.00-'
3,000,000.00^
S.OOO.OOO.OO"1
2,000,000.00°"
4,000,000.00
City of Carlsbad
TRANSACTIONS FOR PERIOD:
10/01/09 TO 10/31/09
Trans
Date
Investment
Date
Maturity
Date
TOTAL SECOND QUARTER 2009-2010
CALLS and / or SALES
OCTOBER
Type
TOTAL SECOND QUARTER 2009-2010
2ND QUARTER 2009-2010
10/05/2007
10/29/2007
10/19/2007
03/05/2008
07/29/2009
11/28/2007
12/06/2007
10/05/2011
10/15/2012
10/19/2011
10/27/2011
07/29/2011
10/30/2012
10/30/2012
FA
FA
FA
FA
FA
FA
FA
FHLB
FHLMC
FHLB
FHLB
FHLB
FNMA
FNMA
Call
Date
10/05/2009
10/15/2009
10/19/2009
10/27/2009
10/29/2009
10/30/2009
10/30/2009
Par
Value
46,580,000.00
2,000,000.00
1,000,000.00
3,000,000.00
2,000,000.00
5,000,000.00
3,000,000.00
2,000,000.00
Coupon
4.900%
5.050%
5.000%
5.300%
0.500%
5.000%
5.000%
18,000,000.00
Amount
(Cost)
46,799,728.25
2,000,000.00
1,006,875.00
3,000,000.00
2,085,000.00
5,000,000.00
3,033,000.00
2,030,000.00
Return
Rate
1 .45%
4.90%
4.89%
5.00%
4.03%
1.71%
4.75%
4.65%
Interest
1,251,722.58
392,000.00
243,661.11
600,000.00
301,311.11
171,875.00
705,333.33
460,000.00
Investment
Return
48,051,450.83
2,392,000.00
1,250,536.11
3,600,000.00
2,386,311.11
5,171,875.00
3,738,333.33
2,490,000.00
18,154,875.00 3.88%2,874,180.55 21,029,055.55
INVESTMENT REPORT
AS OF OCTOBER 31, 2009
INVESTMENT
DATE
03/06/2008
01/28/2008
01/31/2008
01/22/2008
01/22/2008
01/22/2008
02/01/2008
01/28/2008
01/31/2008
09/29/2008
01/28/2008
02/04/2008
02/13/2008
04/02/2008
10/30/2008
04/22/2008
01/28/2008
07/25/2007
04/22/2008
05/05/2008
12/21/2007
03/16/2009
02/26/2008
05/08/2008
04/17/2009
08/05/2008
10/09/2007
07/25/2007
07/15/2008
03/12/2008
02/20/2008
02/13/2008
10/30/2007
02/12/2008
09/18/2007
09/26/2007
05/08/2008
12/05/2008
03/11/2009
09/26/2007
10/13/2009
06/01/2009
05/05/2008
04/22/2009
' 06/03/2009
TYPE
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
FA
SECURITY
FFCB 4.350% NON-CALL
FFCB4.125% NON-CALL
FHLB4.25% NON-CALL
FNMA4.0% NON-CALL
FHLMC 4.125% NON-CALL
FHLB 5.0% NON-CALL
FHLMC 3.25% CALL 7/29/08
FHLB 3.875% NON-CALL
FHLB 37.375% NON-CALL
FHLMC 3.125% NON-CALL
FNMA4.40% NON-CALL
FHLB 2.375% NON-CALL
FHLB 2.375% NON-CALL
FHLB 2.750% NON-CALL
FHLB 2.750% NON-CALL
FFCB 2.375% NON-CALL
FHLMC 4.02% NON-CALL
FFCB 4.780% NON-CALL
FFCB 5.320% NON-CALL
FHLB 7.625% NON-CALL
FNMA 3.625% NON-CALL
FHLB 1.250% NON-CALL
FHLB 4.25% NON-CALL
FHLB 3.00% NON-CALL
FHLB 5.25% NON-CALL
FHLMC 3.50% NON-CALL
FHLB 4.5% NON-CALL
FNMA 5.125% NON-CALL
FFCB 3.200% NON-CALL
FHLB 4.44% NON-CALL
FNMA 4.70% NON-CALL
FHLB 5.00% NON-CALL
FHLB 4.7% NON-CALL
FHLB 3.190% CALL 8/12/08
FHLMC 5.125% NON-CALL
FHLB 5.125% NON-CALL
FHLB 3.00% NON-CALL
FHLB 3.375% NON-CALL
FHLB 1.4% NON-CALL
FFCB 5.25% NON-CALL
FHLB .35% CALL 4/13/10
FHLB 1.25% NON-CALL
FHLB 4.375% NON-CALL
FHLB 1.125% NON-CALL
FHLB 4.375% NON-CALL
PAR
VALUE
1,000,000.00
2,000,000.00
1,000,000.00
2,000,000.00
2,080,000.00
3,000,000.00
3,000,000.00
1,000,000.00
2,000,000.00
3,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
1,000,000.00
3,000,000.00
2,000,000.00
1,500,000.00
2,000,000.00
1,000,000.00
3,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
3,000,000.00
3,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
3,000,000.00
2,550,000.00
1,000,000.00
3,000,000.00
3,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
1,000,000.00
3,000,000.00
2,000,000.00
INVESTED
AMOUNT
1,031,080.00
2,049,060.00
1,024,930.00
2,038,020.00
2,124,168.80
3,114,720.00
3,000,000.00
1,020,550.00
2,177,668.00
2,997,750.00
2,064,240.00
1,989,880.00
1,994,095.84
1,006,020.00
2,978,060.95
1,984,800.00
1,537,935.00
1,981,720.00
1,050,120.00
3,273,695.78
1,996,499.26
1,000,000.00
1,030,795.00
999,862.00
1,049,288.56
3,010,680.00
2,991,510.00
1,000,640.00
1,000,000.00
1,043,000.00
3,134,430.00
2,688,248.25
1,009,328.80
3,000,000.00
3,048,120.00
2,034,188.23
1,994,876.00
2,032,660.00
2,000,000.00
2,041,700.00
2,000,000.00
2,014,960.00
1,032,893.26
3,000,000.00
2,101,180.00
RETURN
RATE
2.434%
2.711%
2.805%
2.916%
2.918%
2.900%
3.250%
2.830%
2.841%
3.180%
2.821%
2.622%
2.520%
2.430%
3.300%
2.776%
2.850%
5.135%
2.790%
2.950%
3.700%
1 .250%
2.849%
3.005%
0.930%
3.300%
4.610%
5.100%
3.200%
2.559%
2.786%
2.710%
4.337%
3.190%
4.530%
4.500%
3.115%
2.420%
1 .400%
4.490%
0.550%
0.700%
2.980%
1.125%
0.701%
INTEREST
41,420.00
98,752.50
50,861.67
107,313.33
112,177.87
168,196.67
194,458.33
58,456.94
122,248.67
130,635.42
121,537.78
110,133.89
104,730.55
47,452.22
134,689.05
108,220.83
97,740.00
283,304.44
59,087.78
189,522.97
180,118.80
15,625.00
66,482.78
62,888.00
11,086.44
185,028.33
373,365.00
150,405.14
64,000.00
62,326.67
209,453.33
175,897.58
121,226.76
239,250.00
402,452.92
268,756.21
145,457.34
86,402.50
41,922.22
269,508.33
11,000.00
19,276.11
74,901.88
50,625.00
20,104.72
INVESTMENT
RETURN
1,072,500.00
2,147,812.50
1,075,791.67
2,145,333.33
2,236,346.67
3,282,916.67
3,194,458.33
1,079,006.94
2,299,916.67
3,128,385.42
2,185,777.78
2,100,013.89
2,098,826.39
1,053,472.22
3,112,750.00
2,093,020.83
1,635,675.00
2,265,024.44
1,109,207.78
3,463,218.75
2,176,618.06
1,015,625.00
1,097,277.78
1,062,750.00
1,060,375.00
3,195,708.33
3,364,875.00
1,151,045.14
1,064,000.00
1,105,326.67
3,343,883.33
2,864,145.83
1,130,555.56
3,239,250.00
3,450,572.92
2,302,944.44
2,140,333.34
2,119,062.50
2,041,922.22
2,311,208.33
2,011,000.00
2,034,236.11
1,107,795.14
3,050,625.00
2,121,284.72
TERM
(Days)
610
655
652
664
666
689
728
746
743
501
770
767
758
709
498
715
821
1,013
749
739
889
457
836
764
420
680
987
1,077
730
866
889
898
1,015
912
1,070
1,080
855
644
548
1,083
365
500
900
548
506
INVESTMENT REPORT
AS OF OCTOBER 31, 2009
INVESTMENT
DATE TYPE SECURITY
06/01/2009 FA FHLB 1.050% NON-CALL
06/03/2009 FA FHLB 1.050% NON-CALL
12/23/2008 FA FHLB 1.70% CALL 12/30/09
12/05/2008 FA FHLMC 4.50% NON-CALL
06/03/2009 FA FNMA 2.050% CALL 4/1/10
05/11/2009 FA FHLB 1.375% NON-CALL
02/20/2008 FA FHLB 2.875% NON-CALL
05/12/2009 FA FNMA 1.45% CALL
11/20/2007 FA FHLB 4.5% CALL 11/20/09
01/28/2008 FA FHLB 4.5% CALL 11/20/09
06/22/2009 FA FHLB 1.125% NON-CALL
08/31/2007 FA FHLB 5.275% NON-CALL
05/08/2008 FA FHLB 5.25% NON-CALL
09/17/2008 FA FHLB 5.25% NON-CALL
03/09/2007 FA FNMA 3.64% NON-CALL
08/01/2007 FA FAMCA 5.50% NON-CALL
08/31/2007 FA FAMCA 5.50% NON-CALL
05/08/2008 FA FAMCA 5.5% NON-CALL
03/31/2009 FA FFCB 3.625% NON-CALL
05/11/2009 FA FAMCA 5.50% NON-CALL
04/27/2009 FA FHLMC 1.75% CALL 4/27/10
06/29/2009 FA FHLB 1.625% NON-CALL
10/01/2009 FA FHLB 1.375% NON-CALL
03/19/2007 FA FHLB 5.75% NON-CALL
01/23/2009 FA FHLB 5.75% NON-CALL
09/21/2009 FA FHLMC 1.5% CALL
06/22/2009 FA FFCB 3.875% NON-CALL
03/05/2007 FA FHLB 5.00% NON-CALL
03/15/2007 FA FHLB 5.00% NON-CALL
01/23/2009 FA FHLB 5.00% NON-CALL
10/30/2007 FA FHLMC 5.50% NON-CALL
03/15/2007 FA FHLB 4.875% NON-CALL
03/19/2007 FA FHLB 4.875% NON-CALL
06/29/2009 FA FFCB 2.0% NON-CALL
03/26/2007 FA FHLMC 5.0% CALL 3/26/10
03/26/2007 FA FHLMC 5.0% CALL 3/26/10
04/20/2007 FA FHLMC 5.0% CALL 3/26/10
05/21/2007 FA FFCB 4.875% NON-CALL
08/17/2009 FA FHLMC 2.0% CALL 5/17/10
07/25/2007 FA TVA 6.790% NON-CALL
10/19/2009 FA TVA 6.790% NON-CALL
07/22/2009 FA FHLB 1.90% QRTLY CALL
07/25/2007 FA FHLB 5.375% NON-CALL
07/25/2007 FA FHLB 5.375% NON-CALL
07/15/2008 FA FHLB 4.375% NON-CALL
10/20/2009 FA FFCB 2.125% NON-CALL
PAR
VALUE
2,000,000.00
2,000,000.00
1,000,000.00
3,000,000.00
2,000,000.00
1,000,000.00
3,000,000.00
1,000,000.00
2,000,000.00
3,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
3,000,000.00
629,000.00
2,000,000.00
1,000,000.00
1,000,000.00
3,000,000.00
2,000,000.00
1,000,000.00
3,000,000.00
1,000,000.00
1,000,000.00
3,000,000.00
2,000,000.00
3,000,000.00
1,000,000.00
3,000,000.00
3,000,000.00
3,000,000.00
4,000,000.00
2,000,000.00
3,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
3,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
3,000,000.00
3,000,000.00
INVESTED
AMOUNT
2,008,660.00
2,007,180.00
1,000,000.00
3,119,880.00
2,024,200.00
1,001,350.00
2,993,378.76
1,000,000.00
2,016,000.00
3,078,630.00
1,988,700.00
1,020,930.00
1,055,434.00
2,132,207.14
1,909,480.00
3,034,380.00
644,775.32
2,116,712.00
1,044,420.00
1,072,970.00
3,000,000.00
2,012,680.00
1,006,100.00
3,111,810.00
1,097,950.00
1,001,300.00
3,152,520.00
2,018,200.00
3,032,352.00
1,077,520.00
3,117,300.00
3,018,777.00
3,009,690.00
4,036,800.00
2,000,000.00
3,000,000.00
999,687.50
1,987,880.00
1,997,500.00
2,130,980.00
3,399,498.48
999,250.00
1,005,040.00
1,005,254.43
3,050,958.11
3,049,023.21
RETURN
RATE
0.750%
0.800%
1.700%
2.470%
1.377%
1.305%
2.950%
1 .450%
4.252%
3.651%
1 .420%
4.761%
3.345%
2.720%
4.805%
5.175%
4.781%
3.545%
1 .639%
2.050%
1 .750%
1.315%
1 .375%
4.800%
1.818%
1 .430%
1 .490%
4.773%
4.730%
1 .958%
4.390%
4.720%
4.795%
1.630%
5.000%
5.000%
5.006%
5.015%
2.047%
5.235%
1.534%
1 .927%
5.255%
5.250%
3.900%
1 .496%
INTEREST
21,906.67
23,270.00
34,000.00
154,245.00
50,738.89
25,653.47
270,402.49
(891,000.00)
299,000.00
368,370.00
55,112.50
181,976.25
106,732.67
154,501.19
406,997.78
618,286.67
118,184.21
233,760.22
85,530.00
46,807.78
118,125.00
54,847.78
19,261.11
648,148.33
49,313.89
27,283.33
100,323.75
432,911.11
640,148.00
53,868.89
522,075.00
647,473.00
672,403.75
167,200.00
500,000.00
750,000.00
246,979.17
489,057.50
(1,786,500.00)
524,632.22
128,989.85
54,741.66
256,692.64
256,478.21
460,552.31
120,622.62
INVESTMENT
RETURN
2,030,566.67
2,030,450.00
1,034,000.00
3,274,125.00
2,074,938.89
1,027,003.47
3,263,781.25
109,000.00
2,315,000.00
3,447,000.00
2,043,812.50
1,202,906.25
1,162,166.67
2,286,708.33
2,316,477.78
3,652,666.67
762,959.53
2,350,472.22
1,129,950.00
1,119,777.78
3,118,125.00
2,067,527.78
1,025,361.11
3,759,958.33
1,147,263.89
1,028,583.33
3,252,843.75
2,451,111.11
3,672,500.00
1,131,388.89
3,639,375.00
3,666,250.00
3,682,093.75
4,204,000.00
2,500,000.00
3,750,000.00
1,246,666.67
2,476,937.50
211,000.00
2,655,612.22
3,528,488.33
1,053,991.66
1,261,732.64
1,261,732.64
3,511,510.42
3,169,645.83
TERM
(Days)
532
530
737
741
667
717
1,115
730
1,277
1,208
711
1,379
1,128
996
1,588
1,444
1,414
1,163
836
795
821
758
673
1,610
934
695
794
1,649
1,639
959
1,416
1,665
1,705
932
1,827
1,827
1,802
1,788
1,004
1,764
947
1,038
1,780
1,780
1,424
972
INVESTMENT REPORT
AS OF OCTOBER 31, 2009
INVESTMENT
DATE TYPE SECURITY
06/22/2009 FA FHLB 1.50% CALL Quarterly
10/19/2009 FA FFCB 1.55% CALL 10/19/10
12/10/2007 FA FHLB 5.58% CALL 7/20/10
08/05/2008 FA FFCB 3.950% NON-CALL
08/12/2009 FA FHLB 2.0% CALL 7/27/10
10/27/2009 FA FNMA 1.70% CALL 10/27/10
07/30/2007 FA FHLB 5.52% CALL 7/30/10
07/21/2009 FA FHLB 2.0% CALL 2/10/10
08/13/2008 FA FHLB 4.35% CALL 8/13/10
08/13/2009 FA FHLMC 2.25% CALLI 11/13/09
01/29/2009 FA FHLB 4.625% NON-CALL
02/27/2009 FA FNMA 2.625% CALL 8/27/10
09/04/2009 FA FNMA 2.50% CALL 9/7/10
03/12/2009 FA FHLMC 2.0% CALL 3/12/10
05/05/2008 FA FHLB 5.00% NON-CALL
08/22/2008 FA FHLB 4.5% NON-CALL
10/01/2009 FA FFCB 1.80% NON-CALL
09/28/2009 FA FHLB 1.0% CALL Qrtly
05/11/2009 FA FHLMC 3.875% NON-CALL
12/10/2007 FA FFCB 4.5% NON-CALL
10/22/2007 FA FHLB 5.00% CALL 4/22/10
06/03/2008 FA FNMA 6.41% NON-CALL
05/19/2009 FA FNMA 2.2% CALL 5/19/10
12/21/2007 FA FHLMC 4.375% CALL 12/21/09
12/21/2007 FA FHLMC 4.375% CALL 12/21/09
01/23/2008 FA FHLB 4.7% CALL 1/7/10
01/14/2008 FA FHLB 4.25% CALL 10/14/08
10/20/2009 FA FFCB 5.15% NON-CALL
05/19/2009 FA FNMA 2.32% CALL 2/19/10
08/27/2009 FA FHLB 2.0% CALL 11/27/09 STEP
03/10/2008 FA FHLB 3.50% NON-CALL
08/26/2009 FA FHLMC 2.5% CALL 4/8/11
05/14/2008 FA FHLB 4.00% CALL 5/15/10
10/20/2009 FA FHLMC 4.25% NON-CALL
10/20/2009 FA FHLMC 4.0% NON-CALL
11/10/2008 FA FHLB 5.375% NON-CALL
08/13/2009 FA FHLB 4.25% NON-CALL
12/03/2008 FA FFCB 4.625% CALL 7/8/10
08/27/2008 FA FNMA 4.375% NON-CALL
08/21/2009 FA FHLMC 2.4% CALL 7/23/10
08/19/2009 FA FFCB 2.7% NON-CALL
11/12/2008 FA FHLB 4.0% NON-CALL
12/17/2008 FA FHLB 4.375% NON-CALL
10/19/2009 FA FFCB 5.350% NON-CALL
11/26/2008 FA FHLB 3.5% CALL 11/26/10
01/20/2009 FA FHLB 3.125% NON-CALL
PAR
VALUE
3,000,000.00
3,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
1,000,000.00
1,770,000.00
2,000,000.00
2,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
1,175,000.00
1,000,000.00
1,000,000.00
3,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
1,807,000.00
2,000,000.00
5,000,000.00
4,000,000.00
2,000,000.00
3,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
3,000,000.00
2,000,000.00
2,000,000.00
500,000.00
500,000.00
1,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
INVESTED
AMOUNT
3,000,000.00
2,995,200.00
1,037,000.00
2,002,900.00
1,988,600.00
998,800.00
1,770,000.00
1,999,500.00
1,999,500.00
1,000,000.00
2,150,960.00
2,000,000.00
2,000,000.00
2,000,000.00
1,238,814.19
1,022,730.00
1,003,470.00
3,000,000.00
1,063,510.00
2,034,780.00
2,000,000.00
1,990,388.82
2,000,000.00
5,000,000.00
4,000,000.00
2,056,800.00
3,000,000.00
1,102,490.00
1,000,000.00
1,999,500.00
2,963,940.00
2,008,000.00
2,000,000.00
536,967.86
532,794.50
1,065,788.37
2,130,988.03
2,053,420.00
2,035,600.00
1,991,200.00
1,005,669.88
1 ,007,890.00
2,154,940.00
2,235,072.36
2,000,000.00
2,047,941.08
RETURN
RATE
2.239%
1.610%
4.677%
3.910%
2.200%
1 .745%
5.520%
2.090%
4.357%
2.250%
2.391%
2.625%
2.500%
2.710%
3.640%
3.889%
1 .680%
2.357%
1 .928%
4.100%
5.000%
3.890%
2.200%
4.675%
4.675%
4.061%
4.250%
1 .926%
2.320%
2.945%
3.765%
2.384%
4.000%
2.100%
2.120%
3.800%
2.450%
3.983%
3.970%
2.518%
2.550%
3.818%
2.625%
2.264%
4.361%
2.600%
INTEREST
202,500.00
132,675.00
220,300.00
310,466.67
129,733.33
47,950.00
488,520.00
120,500.00
348,500.00
67,500.00
176,901.11
183,750.00
150,416.67
190,000.00
192,237.89
160,020.00
50,180.00
213,750.00
67,701.81
401,970.00
500,000.00
331,405.40
154,000.00
1,168,750.00
935,000.00
409,022.22
637,500.00
67,316.94
87,000.00
208,000.00
560,476.67
172,833.33
320,000.00
39,296.03
40,094.39
181,163.02
195,081.41
371,823.06
392,177.78
197,066.67
102,330.12
184,776.67
259,712.78
193,522.08
440,000.00
258,135.31
INVESTMENT
RETURN
3,202,500.00
3,127,875.00
1,257,300.00
2,313,366.67
2,118,333.33
1,046,750.00
2,258,520.00
2,120,000.00
2,348,000.00
1,067,500.00
2,327,861.11
2,183,750.00
2,150,416.67
2,190,000.00
1,431,052.08
1,182,750.00
1,053,650.00
3,213,750.00
1,131,211.81
2,436,750.00
2,500,000.00
2,321,794.22
2,154,000.00
6,168,750.00
4,935,000.00
2,465,822.22
3,637,500.00
1,169,806.94
1,087,000.00
2,207,500.00
3,524,416.67
2,180,833.33
2,320,000.00
576,263.89
572,888.89
1,246,951.39
2,326,069.44
2,425,243.06
2,427,777.78
2,188,266.67
1,108,000.00
1,192,666.67
2,414,652.78
2,428,594.44
2,440,000.00
2,306,076.39
TERM
(Days)
1,096
1,004
1,684
1,448
1,080
1,004
1,827
1,116
1,461
1,096
1,294
1,277
1,099
1,280
1,593
1,484
1,089
1,096
1,238
1,773
1,827
1,624
1,280
1,827
1,827
1,811
1,827
1,206
1,372
1,280
1,824
1,321
1,826
1,310
1,331
1,677
1,401
1,678
1,785
1,432
1,461
1,759
1,731
1,463
1,826
1,788
INVESTMENT REPORT
AS OF OCTOBER 31, 2009
INVESTMENT
DATE
02/12/2009
05/14/2009
10/20/2009
08/27/2009
09/24/2009
06/01/2009
06/01/2009
03/12/2009
02/11/2009
02/18/2009
02/25/2009
03/02/2009
03/02/2009
05/11/2009
06/05/2009
06/18/2009
06/01/2009
06/18/2009
05/1 1/2009
06/18/2009
06/18/2009
06/05/2009
07/22/2009
06/05/2009
05/11/2009
07/22/2009
06/05/2009
04/30/2009
06/05/2009
07/22/2009
06/05/2009
04/21/2009
06/05/2009
09/16/2009
06/05/2009
09/16/2009
^ 07/22/2009
\ 09/02/2009
TYPE
FA
FA
FA
FA
FA
FN
FN
FN
FN
FN
FN
FN
FN
TR
TR
TR
TR
TR
TR
TR
TR
TR
TR
TR
TR
TR
TR
TR
TR
TR
TR
TR
TR
TR
TR
TR
TR
TR
SECURITY
FNMA2.00% CALL 2/12/10
FNMA 2.0% CALL 8/14/09
FFCB 4.375% NON-CALL
FHLB 3.0% CALL 1 1/27/09 STEP
FNMA 2.0% CALL 9/23/1 1 STEP
SUB-TOTAL
FHLBN 0% NON-CALL
FHLBN 0% NON-CALL
FICOO.0% NON-CALL
FICO STRIP 0.00% NON-CALL
FICO STRIP 0.00% NON-CALL
FICO STRIP 0.00% NON-CALL
FICOO.0% NON-CALL
FICOO.0% NON-CALL
SUB-TOTAL
Federal Investments Total
US TREASURY 00%
US TREASURY 00%
US TREASURY 00%
US TREASURY 00%
US TREASURY 00%
US TREASURY 00%
US TREASURY 00%
US TREASURY 00%
US TREASURY 2. 125%
US TREASURY 2. 125%
US TREASURY 6.50%
US TREASURY 2.0%
US TREASURY 2.0%
US TREASURY 1.750%
US TREASURY 00%
US TREASURY 4.0%
US TREASURY 2. 125%
US TREASURY 4.50%
US TREASURY 2.625%
US TREASURY 2.8750%
US TREASURY 2.8750%
US TREASURY 2.750%
US TREASURY 2.750%
US TREASURY 2.00%
US TREASURY 1.50%
PAR
VALUE
2,000,000.00
2,000,000.00
3,000,000.00
3,000,000.00
3,000,000.00
279,511,000.00
2,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
13,000,000.00
292,511,000.00
2,000,000.00
3,000,000.00
5,000,000.00
2,000,000.00
4,000,000.00
2,000,000.00
4,000,000.00
5,000,000.00
3,000,000.00
2,000,000.00
3,000,000.00
2,000,000.00
1,000,000.00
3,000,000.00
2,000,000.00
3,000,000.00
5,000,000.00
3,000,000.00
3,000,000.00
3,000,000.00
2,000,000.00
3,000,000.00
2,000,000.00
3,000,000.00
5,000,000.00
INVESTED
AMOUNT
2,000,000.00
2,000,000.00
3,234,480.00
3,000,000.00
3,000,000.00
284,740,366.77
1,997,240.00
997,329.44
956,370.00
1,889,240.00
916,713.56
1,826,280.00
1,818,680.00
1,793,820.00
12,195,673.00
296,936,039.77
1,996,693.33
2,996,799.17
4,994,866.67
1,997,315.00
3,995,860.00
1,995,905.56
3,994,540.00
4,992,669.44
3,035,156.25
2,019,531.25
3,128,320.31
2,025,000.00
1,010,312.50
3,033,867.19
1,991,806.11
3,093,164.06
5,069,531.25
3,114,140.63
3,069,492.19
3,076,875.00
2,040,781.25
3,077,578.13
2,042,343.75
3,052,031.25
5,062,500.00
RETURN
RATE
3.500%
2.000%
2.595%
3.951%
3.163%
3.112%
0.274%
0.386%
2.200%
2.300%
2.710%
2.850%
3.000%
3.050%
2.132%
0.315%
0.233%
0.244%
0.274%
0.233%
0.340%
0.274%
0.294%
0.331%
0.262%
0.342%
0.411%
0.303%
0.369%
0.437%
0.382%
0.325%
0.452%
0.529%
0.469%
0.282%
0.501%
0.317%
0.537%
0.419%
INTEREST
355,000.00
320,000.00
381,665.83
600,000.00
479,833.33
28,567,162.40
2,760.00
2,670.56
43,630.00
110,760.00
83,286.44
173,720.00
181,320.00
206,180.00
804,327.00
29,371,489.40
3,306.67
3,200.83
5,133.33
2,685.00
4,140.00
4,094.44
5,460.00
7,330.56
28,593.75
2,775.38
7,425.55
7,173.91
1,861.41
9,165.60
8,193.89
10,114.63
12,754.76
13,155.57
17,911.66
15,331.49
4,531.25
17,684.30
5,631.79
19,444.16
24,524.46
INVESTMENT
RETURN
2,355,000.00
2,320,000.00
3,616,145.83
3,600,000.00
3,479,833.33
313,307,529.17
2,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
13,000,000.00
326,307,529.17
2,000,000.00
3,000,000.00
5,000,000.00
2,000,000.00
4,000,000.00
2,000,000.00
4,000,000.00
5,000,000.00
3,063,750.00
2,022,306.63
3,135,745.86
2,032,173.91
1,012,173.91
3,043,032.79
2,000,000.00
3,103,278.69
5,082,286.01
3,127,296.20
3,087,403.85
3,092,206.49
2,045,312.50
3,095,262.43
2,047,975.54
3,071,475.41
5,087,024.46
TERM
(Days)
1,826
1,826
1,714
1,826
1,825
1,156
184
253
744
908
1,178
1,171
1,166
1,314
865
2,021
192
167
154
179
162
220
182
182
240
193
255
293
221
299
343
314
282
344
405
390
287
421
318
435
424
INVESTMENT REPORT
AS OF OCTOBER 31, 2009
INVESTMENT
DATE
10/01/2009
10/19/2009
10/19/2009
10/28/2009
09/24/2009
10/28/2009
09/02/2009
11/10/2008
11/12/2008
03/02/2009
01/30/2008
01/31/2008
04/09/2008
12/15/2008
03/19/2008
11/01/2007
03/19/2008
02/03/2006
01/31/2008
03/16/2007
10/11/2007
09/28/2007
02/17/2006
03/30/2006
06/20/2006
04/19/2006
06/12/2006
04/16/2007
04/21/2009
05/21/2007
04/02/2009
05/30/2008
05/30/2008
05/12/2009
05/29/2007
08/14/2009
04/28/2009
08/17/2009
03/20/2007
10/11/2007
~ 11/15/2007
X 05/12/2009
TYPE
TR
TR
TR
TR
TR
TR
TR
TR
TR
CD
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
SECURITY
US TREASURY 0.875%
US TREASURY 0.875%
US TREASURY 0.875%
US TREASURY 0.875%
US TREASURY 1.1250%
US TREASURY 1.1250%
US TREASURY 1.25%
US TREASURY 3.125%
US TREASURY 3.125%
SUB-TOTAL
WELLS FARGO BANK 9218910637
SUB-TOTAL
BERKSHIRHATWY 4.125% NON-CALL
BERKSHIRHATWY 4.125% NON-CALL
WELLS FARGO CO 4.2% NON-CALL
TOYOTA 3.834% NON-CALL
GOLDMAN SACHS 4.50% NON-CALL
WAL-MART 4.125% NON-CAUL
WAL-MART 4.125% NON-CALL
US BANCORP 4.50% NON-CALL
WELLS FARGO 4.625% NON-CALL
WAL-MART 4.75% NON-CALL
WAL-MART 4.75% NON-CALL
NEW YORK LIFE 4.625% NON-CALL
CITIGROUP 5.125% NON-CALL
CITIGROUP 5.125% NON-CALL
CITIGROUP 5.125% NON-CALL
HOME DEPOT 5.20% NON-CALL
GENERAL ELECTRIC 5.50% NON-CALL
GENERAL ELECTRIC 5.50% NON-CALL
TOYOTA FiN 5.375% NON-CALL
TOYOTA 5.450% NON-CALL
ROYAL BANK OF CANADA 5.65% NON-CALL
WELLS FARGO CO 5.30% NON-CALL
GENWORTH GLOBAL 5.375% NON-CALL
MET LIFE GLOBAL FUNDING 5.125% NON-CAL
GENERAL ELECTRIC 5.50% CALL 11/15/08
SUNTRUST BANK 3.0% NON-CALL
CITIGROUP 2.875% NON-CALL
TOYOTA 5.25% NON-CALL
GENERAL ELECTRIC 5.875% NON-CALL
GENERAL ELETRIC 5.875% NON-CALL
GENERAL ELETRIC 5.875% NON-CALL
CHEVRON 3.450% NON-CALL
PAR
VALUE
3,000,000.00
3,000,000.00
3,000,000.00
3,000,000.00
4,000,000.00
3,000,000.00
5,000,000.00
1,000,000.00
1,000,000.00
101,000,000.00
33,000.00
33,000.00
2,000,000.00
2,000,000.00
1,000,000.00
1,000,080.00
1,000,000.00
1,000,000.00
2,000,000.00
3,000,000.00
2,000,000.00
3,000,000.00
2,000,000.00
1,000,000.00
5,000,000.00
2,000,000.00
2,000,000.00
3,000,000.00
3,000,000.00
3,000,000.00
2,000,000.00
4,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
1,850,000.00
2,000,000.00
2,000,000.00
2,250,000.00
5,956,000.00
3,000,000.00
2,000,000.00
3,000,000.00
INVESTED
AMOUNT
3,014,531.25
3,012,656.25
3,011,718.75
3,008,320.31
4,018,593.75
3,018,398.44
5,048,828.13
1,031,328.00
1,030,781.25
102,102,236.42
33,000.00
33,000.00
2,040,548.16
2,038,582.81
1,018,383.81
997,777.82
1,025,648.53
991,910.00
2,060,389.92
2,952,150.09
2,063,614.72
3,002,689.16
1,993,580.00
987,620.00
5,000,000.00
1,991,793.10
1,969,446.60
2,974,590.00
3,006,145.34
3,048,646.38
2,078,000.00
4,054,280.00
1,066,260.00
1,032,919.79
2,016,628.76
1,020,480.00
1,850,000.00
2,066,260.00
2,060,840.00
2,427,570.00
6,187,688.40
3,089,347.40
2,089,414.35
3,103,177.11
RETURN
RATE
0.509%
0.544%
0.587%
0.699%
0.859%
0.755%
0.461%
2.430%
2.452%
0.460%
0.900%
0.900%
3.050%
3.100%
3.120%
4.000%
3.300%
4.448%
2.750%
4.900%
3.300%
4.720%
4.870%
5.090%
5.125%
5.220%
5.500%
5.400%
5.450%
5.050%
3.372%
5.070%
2.659%
4.200%
5.100%
4.250%
5.500%
1.500%
1 .680%
1 .800%
4.970%
5.100%
4.700%
2.180%
INTEREST
20,421.20
21,012.23
24,103.07
33,421.49
60,889.95
38,096.13
28,869.96
118,792.86
121,777.13
709,008.41
620.00
620.00
121,014.34
122,750.52
55,816.19
34,892.59
75,101.47
118,090.00
127,985.08
653,849.91
169,690.84
483,790.01
276,642.22
145,734.17
1,279,114.58
507,609.68
507,178.40
784,610.00
798,687.99
616,853.62
142,375.00
815,903.33
63,690.00
138,741.32
344,093.46
107,217.92
453,918.06
69,073.33
89,458.61
99,695.62
1,483,867.09
676,360.93
409,960.65
187,485.39
INVESTMENT
RETURN
3,034,952.45
3,033,668.48
3,035,821.82
3,041,741.80
4,079,483.70
3,056,494.57
5,077,698.09
1,150,120.86
1,152,558.38
102,811,244.83
33,620.00
33,620.00
2,161,562.50
2,161,333.33
1,074,200.00
1,032,670.41
1,100,750.00
1,110,000.00
2,188,375.00
3,606,000.00
2,233,305.56
3,486,479.17
2,270,222.22
1,133,354.17
6,279,114.58
2,499,402.78
2,476,625.00
3,759,200.00
3,804,833.33
3,665,500.00
2,220,375.00
4,870,183.33
1,129,950.00
1,171,661.11
2,360,722.22
1,127,697.92
2,303,918.06
2,135,333.33
2,150,298.61
2,527,265.62
7,671,555.49
3,765,708.33
2,499,375.00
3,290,662.50
TERM
(Days)
487
469
497
580
644
610
454
1,755
1,783
417
365
365
716
715
646
519
818
973
834
1,637
921
1,248
1,039
1,053
1,823
1,782
1,700
1,777
1,781
1,473
748
1,458
839
1,183
1,203
911
1,631
824
955
857
1,793
1,588
1,553
1,026
INVESTMENT REPORT
AS OF OCTOBER 31, 2009
INVESTMENT
DATE
05/05/2009
04/21/2009
04/23/2009
04/30/2008
08/31/2007
05/30/2008
07/17/2008
08/31/2007
10/31/2007
11/23/2007
01/30/2008
04/24/2008
05/07/2008
05/12/2009
05/30/2008
05/09/2008
12/23/2008
05/12/2009
06/26/2009
05/29/2009
TYPE
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
0
O
O
O
O
O
O
O
SECURITY
BARCLAYS BANK 2.7% NON-CALL
BERKSHIRHATWY4.00% NON-CALL
BERKSHIRHATWY 4.00% NON-CALL
PRINCIPAL LIFE INC 4.5% NON-CALL
GENERAL ELECTRIC 6.00% NON-CALL
GENERAL ELECTRIC 6.00% NON-CALL
PROTECTIVE LIFE 5.050% NON-CALL
JOHNSON & JOHNSON 5.15% NON-CALL
GENERAL ELECTRIC 5.250% NON-CALL
GENERAL ELECTRIC 5.250% NON-CALL
WELLS FARGO 5.250% NON-CALL
MET LIFE GLOBAL FUNDING 5
MET LIFE GLOBAL FUNDING 5
WAL-MART 4.250% NON-CALL
ALLSTATE LIFE 5.375% NON-CALL
NEW YORK LIFE 4.650% NON-CALL
BERKSHIRHATWY 4.60% NON-CALL
3 M 4.375% NON-CALL
PROTER & GAMBLE 4.60% NON-CALL
WAL-MART 3.20% NON-CALL
WELLS FARGO BANK
CORPORATE CASH MANAGEMENT ACCOUNT
LIBRARY ACCOUNT
UNION TRUST
L A I F WATER DISTRICT
L A I F PUBLIC IMPROVEMENT
L A I F PUBLIC FINANCING CORPORATION
L A I F CITY OF CARLSBAD
,LL
LL
ML
CALL
CALL
ALL
vl-CALL
I-CALL
I-CALL
i% NON-CAL
i% NON-CAL
_L
1L
ALL
SUB-TOTAL
T ACCOUNT
RPORATION
)RATION
SUB-TOTAL
PAR
VALUE
1,575,000.00
1,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
3,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
5,000,000.00
1,000,000.00
104,631,080.00
378,368.00
2,498,317.97
733.42
(37,457.38)
11,085,000.00
3,501,038.82
4,941,060.45
16,274,570.40
38,641,631.68
INVESTED
AMOUNT
1,590,861.34
1,022,563.95
2,039,340.00
1,000,000.00
1,033,437.31
1,052,958.51
3,000,000.00
1,017,457.28
2,036,663.70
2,065,283.50
1,042,814.41
1,003,232.48
2,019,402.04
1,047,829.91
2,023,559.81
1,006,649.66
1,023,835.68
2,121,417.76
5,246,650.00
1,003,190.00
106,703,529.59
378,368.00
2,498,317.97
733.42
(37,457.38)
11,085,000.00
3,501,038.82
4,941,060.45
16,274,570.40
38,641,631.68
RETURN
RATE
2.330%
3.200%
3.300%
4.500%
5.200%
4.550%
5.050%
4.750%
4.830%
4.500%
4.240%
5.050%
4.900%
2.950%
5.100%
4.500%
4.000%
2.850%
3.420%
3.130%
4.195%
0.100%
0.100%
0.000%
0.150%
0.630%
0.630%
0.630%
0.630%
0.591%
INTEREST
104,626.16
96,769.38
198,882.22
178,375.00
253,896.02
189,541.49
605,158.33
237,753.83
484,836.30
449,799.83
205,539.76
251,024.46
485,410.46
118,982.59
504,981.86
225,850.34
177,542.10
251,186.41
800,488.89
155,565.56
17,937,463.31
1.04
6.84
-
(0.16)
193.99
61.27
86.47
284.80
634.25
INVESTMENT
RETURN
1,695,487.50
1,119,333.33
2,238,222.22
1,178,375.00
1,287,333.33
1,242,500.00
3,605,158.33
1,255,211.11
2,521,500.00
2,515,083.33
1,248,354.17
1,254,256.94
2,504,812.50
1,166,812.50
2,528,541.67
1,232,500.00
1,201,377.78
2,372,604.17
6,047,138.89
1,158,755.56
124,640,992.90
378,369.04
2,498,324.81
733.42
(37,457.54)
11,085,193.99
3,501,100.09
4,941,146.92
16,274,855.20
38,642,265.93
TERM
(Days)
1,035
1,090
1,088
1,447
1,750
1,477
1,459
1,811
1,815
1,792
1,728
1,812
1,799
1,434
1,796
1,826
1,604
1,556
1,664
1,812
1,343
1
1
1
1
1
1
1
1
GRAND TOTAL 536,816,711.68 544,416,437.46 2.626% 18,899,575.61 592,435,652.83
EXHIBIT 8
CITY OF CARLSBAD
Fund Equity in Pooled Investments
AS OF OCTOBER 31, 2009
Cash Balance by Fund:
General 57,533,024
Special Revenue 46,272,377
Debt Service 5,509,570
Capital Projects:
General Capital Construction 65,241,969
Traffic Impact Fees 17,421,676
Public Facilities Fees 43,299,130
Park Development 2,332,052
Transnet Taxes 6,193,549
Drainage Fees 8,277,108
Special Districts 74,026,164
Infrastructure Replacement 53,514,671
Other Capital Construction 856,794
Total 271,163,112
Enterprise:
Carlsbad Municipal Water District 64,434,155
Sewer Fund 50,801,928
Solid Waste 7,040,176
Storm Water 2,044,281
Golf Course 256,457
Total 124,576,997
Internal Service 26,908,626
Agency Funds 11,918,455
Redevelopment Funds (1) 0
Misc. Special Funds 0
Total General Ledger Balance ** 543,882,163
Reconciling Adjustments (2) (2,307,243)
Total Treasurer's Investment Portfolio at Amortized Cost 541,574,919
(1) Redevelopment Fund Balances are interspersed throughout all funds.
(2) The Reconciling Adjustments consist of differences between the General Ledger which is prepared
on an accrual basis and the Treasurer's report which is prepared on the cash basis. Accrued Interest,
amortized premium or discounts and outstanding checks and deposits in transit are not included in the
Treasurer's summary. Differences between the time journal entries are posted and the time this
report is produced may also be a component of the adjustment.
** Figures based on best estimate at the time report run on 11/0609
EXHIBIT 9
CITY OF CARLSBAD INVESTMENT PORTFOLIO
As of October 31, 2009
CORPORATE NOTE AND COMMERCIAL PAPER RATINGS
Corporate Note Investments Meeting the Current Investment Policy:
(Ratings must be AA or better by both Moody's and S&P)
Moody's S&P
AAA
AA2
AA1
AA2
AAA
AA2
AAA
AA3
AAA
AAA
AA2
AA1
AA3
AA2
AAA
AAA
AA
AA+
AAA
AA-
AAA
AA-
AA-
AAA
AA-
AA
AA
AA
BARCLAYS BANK
BERKSHIRE HATHAWAY
CHEVRON
GENERAL ELECTRIC
JOHNSON & JOHNSON
MET LIFE GLOBAL
NEW YORK LIFE
PROCTER & GAMBLE
ROYAL BANK OF CANADA
SUNTRUST BANK
3M
TOYOTA
US BANCORP
WAL-MART
Commercial Paper Investments Meeting the Current Investment Policy:
(Ratings must be A1/P1 or better by both Moody's and S&P)
(Ratings of other debt must be AA or better by Moody's and S&P)
NONE
Investments with Subsequent Changes in Credit Rating *
ALL STATE LIFE
CITIGROUP
GENWORTH GLOBAL
GOLDMAN SACHS
HOME DEPOT
PRINCIPAL LIFE
PROTECTIVE LIFE
WELLS FARGO
* The City's Investment Policy allows the City Treasurer to determine the course of action that would correct exceptions
to the policy. All of these investments are paying interest at the required times. The principal of all investments are
considered secure. It is the intent of the City Treasurer to hold these assets in the portfolio until maturity unless events
indicate they should be sold.
Moody's
A1
A3
A2
A1
BAA1
AA3
A2
A1
S&P
AA-
A
A
A
BBB+
A+
AA-
AA
Purchased
05/30/2008
06/20/2006
05/07/2008
03/19/2008
06/12/2006
04/30/2008
07/17/2008
01/30/2008
Carrying
Value
2,016,758
11,038,391
2,009,278
1,007,128
2,993,038
1,000,000
3,000,000
5,067,059
Market
Value
2,147,320
11,378,960
2,050,340
1,022,110
3,133,950
1,025,690
2,930,700
5,199,420
17
CITY OF CARLSBAD INVESTMENT PORTFOLIO
AS OF OCTOBER 31, 2009
WEIGHTINGS FOR CORPORATE AND FEDERAL AGENCY ISSUERS
EXHIBIT 10
PERCENTAGE WEIGHTINGS BY CORPORATE NOTE ISSUER
ALL STATE LIFE
BARCLAYS BANK
BERKSHIRE HATHAWAY
CHEVRON
CITIGROUP
GENERAL ELECTRIC CAP
GENWORTH GLOBAL
GOLDMAN SACHS
HOME DEPOT
JOHNSON & JOHNSON
MET LIFE GLOBAL FUND
NEW YORK LIFE
PRINCIPAL LIFE
PROCTER & GAMBLE
PROTECTIVE LIFE
ROYAL BANK OF CANADA
SUNTRUST BANK
3M
TOYOTA
US BANKCORP
WAL-MART
WELLS FARGO
PERCENTAGE WEIGHTINGS BY FEDERAL AGENCY ISSUER
FAMCA
FICO
FEDERAL FARM CREDIT BANK
FEDERAL HOME LOAN BANK DISCOUNT NOTE
FEDERAL HOME LOAN BANK
FEDERAL HOME LOAN MORTGAGE CORP
FEDERAL NATIONAL MORTGAGE ASSOC
TVA
U.S.TREASURY
Total Portfolio
* No more than 5% may be invested with a single corporate issuer.
"There are no percentage limits on federal agency issuers.
Investment Cost
2,023,559.81
1,590,861.34
8,164,870.82
3,103,177.11
11,022,079.70
25,459,584.89
2,016,628.76
1,025,648.53
2,974,590.00
1,017,457.28
4,043,114.52
1,994,269.66
1,000,000.00
5,246,650.00
3,000,000.00
1 ,066,260.00
2,066,260.00
2,121,417.76
9,557,627.82
2,952,150.09
10,099,588.99
5,157,732.51
ENCY ISSUER
Investment Cost
6,868,837.32
9,201,103.56
42,076,605.45
2,994,569.44
143,985,353.78
52,086,793.66
34,192,298.08
5,530,478.48
102,102,236.42
Percent of Portfolii
0.37%
0.29%
1.50%
0.57%
2.02%
4.68%
0.37%
0.19%
0.55%
0.19%
0.74%
0.37%
0.18%
0.96%
0.55%
0.20%
0.38%
0.39%
1.76%
0.54%
1.86%
0.95%
Percent of Portfolio**
1 .26%
1 .69%
7.73%
0.55%
26.45%
9.57%
6.28%
1 .02%
18.75%
$544,416,437.46
CITY OF CARLSBAD - AGENDA BILL 11
AB#
MTG.
DEPT.
20.052
12/01/09
PLN
COASTAL COMMISSION'S SUGGESTED
MODIFICATIONS TO THE CARLSBAD
RANCH SPECIFIC PLAN AMENDMENT
SP 207(H)
DEPT. HEAD Q//^
CITY ATTY. c3^-
CITY MGR. (/A--
CS-069 , APPROVING amendments
RECOMMENDED ACTION:
That the City Council INTRODUCE Ordinance No.
to the Carlsbad Ranch Specific Plan SP 207(H).
ITEM EXPLANATION:
Staff requests that the City Council approve an amendment to the Carlsbad Ranch Specific
Plan. The amendment is recommended in response to suggested modifications made by the
California Coastal Commission to a previously approved Specific Plan Amendment and Local
Coastal Program Amendment (SP 207(H)/LCPA 08-01).
On March 17, 2009, the City Council adopted CS-025 approving a Specific Plan Amendment
to the Carlsbad Ranch Specific Plan. On October 9, 2009, the California Coastal
Commission approved the City's Local Coastal Program (LCP) Amendment application to
amend the Carlsbad Ranch Specific Plan to add hotel and accessory uses to the Legoland
Theme Park, revise the parking rates for theme parks and gyms, and reflect the street name
change to The Crossings Drive. However, the Coastal Commission's approval of the LCP
Amendment application included suggested modifications, which the City must accept before
the amendments become effective. The modifications add text to the Specific Plan to
encourage alternative transportation modes in the form of public transit service or private
shuttles for guest and employees of Legoland to and from transit centers, and to provide
incentives (i.e transit passes, rideshare programs, preferred parking for carpooling) for
alternative transportation for employees of Legoland. Also included is a prohibition on hotel
conversions to limited use overnight visitor accommodations (fractional hotel, condominium
hotel and/or timeshare facility) and required daily monitoring, by Legoland, of vehicles
entering Legoland and the production of an annual parking report. Exhibits 35, 38, and 39 for
the Carlsbad Ranch Specific Plan are also revised to reflect the most current development
plan for the Legoland California Theme Park.
FISCAL IMPACT:
The only anticipated fiscal impact to the City would be from staff time required to complete
the processing of the Coastal Commission's suggested modifications. Development
DEPARTMENT CONTACT: Van Lynch 760-602-4613 van.lynch(5)carlsbadca.qov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
D
D
D
D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
D
Dnn
Page 2
application fees are collected to process future development proposals subject to the
amended regulations.
ENVIRONMENTAL IMPACT:
Staff conducted an environmental impact assessment to determine if the project could have a
potentially significant effect on the environment pursuant to CEQA Guidelines and the
Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. Potentially
significant cultural resources, geology, noise and traffic impacts were identified. The developer
has agreed to mitigation measures to reduce the identified impacts to below a level of
significance in accordance with CEQA. In consideration of the foregoing, the Planning Director
issued a Notice of Intent to Adopt a Mitigated Negative Declaration for the project on December
5, 2008 which was publicly noticed for 30 days. The City Council adopted the Mitigated
Negative Declaration by Resolution No. 2009-047 on March 17, 2009.
EXHIBITS:
1. City Council Ordinance No. CS-069
2. Exhibits 33, 38, and 39 of the Carlsbad Ranch Specific Plan
3. Redline version of Ordinance indicating suggested changes.
1 ORDINANCE NO. CS-069
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA APPROVING A SPECIFIC
3 PLAN AMENDMENT AND LOCAL COASTAL PROGRAM
4 AMENDMENT TO REVISE THE CARLSBAD RANCH
SPECIFIC PLAN ACCEPTING THE CALIFORNIA
5 COASTAL COMMISSION'S SUGGESTED
MODIFICATIONS TO ENCOURAGE ALTERNATIVE
6 TRANSPORTATION MODES, PRECLUDE HOTEL
CONVERSIONS, AND MONITOR PARKING.
7 CASE NAME: LEGOLAND HOTEL CALIFORNIA
CASE NO.: SP 207(H)/LCPA 08-01
8
9 WHEREAS, the Planning Commission did on January 21, 2009 hold a duly
10 noticed public hearing as prescribed by law to consider Specific Plan Amendment (SP
11 207(H) and Local Coastal Program Amendment (LCPA 08-01) to amend the text of the
12 Carlsbad Ranch Specific Plan to add hotel and accessory uses to the Legoland Theme
13 Park, revise the parking rates for theme parks and gyms within the Carlsbad Ranch
14 Specific Plan, and reflect the street name change to The Crossings Drive; and
WHEREAS, the Planning Commission adopted Planning Commission
16
Resolutions No. 6525 and 6526 recommending to the City Council approval of SP
17
207(H) and LCPA 08-01; and
18
WHEREAS, the City Council did on March 10, 2009, hold a duly noticed
20 public hearing as prescribed by law to consider said SP 207(H) and LCPA 08-01, and
21 introduced Ordinance No. CS-025 to approve SP 207(H), and adopted Resolution No.
22 2009-047, approving LCPA 08-01, the effective date of which was subject to the
23 California Coastal Commission's approval of said LCPA; and
24 WHEREAS, the City Council did on March 17, 2009, adopt Ordinance No.
25 CS-025, approving SP 207(H), the effective date of which was subject to the California
26
Coastal Commission's approval of LCPA 08-01; and
27
28
1 WHEREAS, on October 9, 2009, the California Coastal Commission
2 approved LCPA 08-01 with suggested modifications; and
3 WHEREAS, the City Council did on December , 2009, hold a
4
duly noticed public hearing as prescribed by law to consider said SP 207(H) and LCPA
5
08-01, and
6
WHEREAS, accepting and administering the California Coastal
7
Commission's suggested modifications, as set forth in this ordinance, is necessary to
o
9 comply with the California Coastal Act and California Administrative Code.
10 NOW, THEREFORE, the City Council of the City of Carlsbad, California
11 does ordain as follows:
12 1. Add the following language to Development Standards and Design
Guidelines, Section E - Planning Area 4, Subsection 2 - Development
Standards, as a new Section "c" as follows:
14 c. Uses not permitted within Legoland Carlsbad are as follows:
Hotel Conversions. Any hotel rooms within Planning Area 4 of the Carlsbad
16 Ranch Specific Plan shall not be converted to a limited use overnight visitor
accommodation.
17
2. Add the following language to Development Standards and Design
18 Guidelines, Section E - Planning Area 4, Subsection 2.e - Parking
Standards, as follows:
20 Directed parking may be necessary during certain peak season days. A requirement for
directed parking would be based on the final design of the parking lot and determined if
21 necessary at the time of the Site Development Plan review. Legoland shall monitor the
number of vehicles entering Legoland on a daily basis, and combine the data collected
22 through such monitoring to produce annual parking reports. Such reports shall be
submitted for review by the City and the Coastal Commission in association with any
23 request to modify the certified parking standards or any proposed alternative
transportation plan.
-, 3. Add the following language to Development Standards and Design
Guidelines, Section E - Planning Area 4, Subsection 2 - Development
26 Standards, as a new Section "h" as follows:
27 h. Alternative Transit
28
-2-
1 The City and Legoland shall actively encourage convenient alternatives to
automobile use throughout the Carlsbad Ranch and surrounding coastal areas including
2 the Poinsettia Station and the Carlsbad Village Transit Center by implementing the
following measures:
4 • The City shall encourage transit operators to provide low-cost transit service from
Legoland Hotel and Legoland Park to beaches and visitor-serving areas, as well as
5 major transit stations, and to provide such transit service within walking distance of
Legoland Park, especially throughout the summer. Such encouragement should
6 include, at a minimum, joint advertising of such services by Legoland and the City.
7 • If daily public transit service is not available, Legoland shall provide shuttle
service to all Legoland Hotel and Legoland Park guests, as well as Legoland
employees, providing transportation from the Poinsettia Station and the Carlsbad
9 Village Transit Center on a regular schedule including at least two times each morning,
with scheduled returns every afternoon. If after a minimum two-year period, the City
10 has documentation that such a service is not being utilized by the public, an amendment
to this LCP policy may be considered. Transit opportunities shall be advertised on the
11 Legoland website explaining to all patrons how to make best use of transit when arriving
at either the Poinsettia Station or the Carlsbad Village Transit Center.
12
13 • In order to minimize energy consumption and vehicle miles traveled and provide
substitute means of serving development with public transportation, Legoland shall
14 provide incentives for alternative transit use such as providing employee transit passes
or subsidies, ridesharing programs, preferred parking for carpooling, company bulletin
15 boards for use of organizing carpools, employee bike racks, and on-site shower
facilities.
16
4. Modify Figures 35, 38, and 39 in the Carlsbad Ranch Specific Plan to
17 reflect the most current development configuration at the Legoland
California Theme Park.
lo
19 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
20
adoption. The City Clerk shall send notice to the California Coastal Commission of the
21
acceptance of modifications by this ordinance, and the City Clerk shall certify to the
22
adoption of this ordinance and cause it to be published at least once in a publication of
•£*J
24 general circulation in the City of Carlsbad within fifteen days after its adoption.
25 ///
26 ///
27 ///
28
-3-
1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
2 City Council on the day of 2009, and thereafter.
3 PASSED AND ADOPTED at a regular meeting of the City Council of the
4 City of Carlsbad on the day of 2009, by the following vote, to
5
wit:
6
AYES:
7
NOES:8
9 ABSENT:
10 ABSTAIN:
11
12 APPROVED AS TO FORM AND LEGALITY
13
14
15 RONALD R. BALL, City Attorney
16
17 „
CLAUDE A. LEWIS, Mayor
18
19 ATTEST:
20
21
22 LORRAINE M. WOOD, City Clerk
23 (SEAL)
24
25
26
27
28
-4-
EXHIBIT 2
LEGOLAND
CALIFORNIA
INNER PARK W«2
N
200' 400'
Figure 33
LEGOLAND Parking Standards
3,103 spaces
20 spaces
600 spaces
1.2 spaces per room
1 space per 100 sf
Park - Autos
Park - RV's
Employee
Hotel
Restaurant
(if over 4,000 sf) 40+1 space per 50 sf
Retail 1 space per 300 sf
Figure 38
LEGOLAND Carlsbad - PARKING CONCEPT PLAN
0 50' 200'400'
DETAIL A
Illustrative Plan - Parking Geometries
NOTE: 182 41 PER SPACE TYP.
t
ONEWAY
19' AISLE
ft-2'CLEAR FOR OVERHANG
WASTE SPACE
ONIEWAY
PEDESTRIAN PATH
ALONG SPINE ROAD
DETAIL B
Pedestrian Spine with Seating Pockets
(Details to be resolved with City
at the time of Site Development Plan review")
Figure 39
LEGOLAND Carlsbad-PARKlNG GEOMETRICS
DETAIL C
Parking Lot Planting Islamd (900 Sq. FL)
DETAILD
Continuous Landscape Plaanting Strip
126
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA APPROVING A SPECIFIC
3 PLAN AMENDMENT AND LOCAL COASTAL PROGRAM
4 AMENDMENT TO REVISE THE CARLSBAD RANCH
SPECIFIC PLAN ACCEPTING THE CALIFORNIA
5 COASTAL COMMISSION'S SUGGESTED
MODIFICATIONS TO ENCOURAGE ALTERNATIVE
6 TRANSPORTATION MODES, PRECLUDE HOTEL
CONVERSIONS, AND MONITOR PARKING.
7 CASE NAME: LEGOLAND HOTEL CALIFORNIA
CASE NO.: SP 2Q7(HVLCPA 08-01
8
9 WHEREAS, the Planning Commission did on January 21, 2009 hold a duly
10 noticed public hearing as prescribed by law to consider Specific Plan Amendment (SP
11 207(H) and Local Coastal Program Amendment (LCPA 08-01) to amend the text of the
12 Carlsbad Ranch Specific Plan to add hotel and accessory uses to the Legoland Theme
13 Park, revise the parking rates for theme parks and gyms within the Carlsbad Ranch
14 Specific Plan, and reflect the street name change to The Crossings Drive; and
15 WHEREAS, the Planning Commission adopted Planning Commission
16
Resolutions No. 6525 and 6526 recommending to the City Council approval of SP
17
207(H) and LCPA 08-01; and
18
WHEREAS, the City Council did on March 10, 2009, hold a duly noticed
2Q public hearing as prescribed by law to consider said SP 207(H) and LCPA 08-01, and
21 introduced Ordinance No. CS-025 to approve SP 207(H), and adopted Resolution No.
22 2009-047, approving LCPA 08-01, the effective date of which was subject to the
23 California Coastal Commission's approval of said LCPA; and
24 WHEREAS, the City Council did on March 17, 2009, adopt Ordinance No.
25
CS-025, approving SP 207(H), the effective date of which was subject to the California
26
Coastal Commission's approval of LCPA 08-01; and
27
28
1 WHEREAS, on October 9, 2009, the California Coastal Commission
2 approved LCPA 08-01 with suggested modifications; and
3 WHEREAS, the City Council did on December , 2009, hold a
4 duly noticed public hearing as prescribed by law to consider said SP 207(H) and LCPA
5
08-01, and
6
WHEREAS, accepting and administering the California Coastal
7
Commission's suggested modifications, as set forth in this ordinance, is necessary to
o
9 comply with the California Coastal Act and California Administrative Code.
10 NOW, THEREFORE, the City Council of the City of Carlsbad, California
11 does ordain as follows:
12 1. Add the following language to Development Standards and Design
Guidelines, Section E - Planning Area 4, Subsection 2 - Development
Standards, as a new Section "c" as follows:
14 c. Uses not permitted within Legoland Carlsbad are as follows:
Hotel Conversions. Any hotel rooms within Planning Area 4 of the Carlsbad
16 Ranch Specific Plan shall not be converted to a limited use overnight visitor
accommodation.
17
2. Add the following language to Development Standards and Design
18 Guidelines, Section E - Planning Area 4, Subsection 2.e - Parking
Standards, as follows:
20 Directed parking may be necessary during certain peak season days. A requirement for
directed parking would be based on the final design of the parking lot and determined if
21 necessary at the time of the Site Development Plan review. Legoland shall monitor the
number of vehicles entering Legoland on a daily basis, and combine the data collected
22 through such monitoring to produce annual parking reports. Such reports shall be
submitted for review by the City and the Coastal Commission in association with any
23 request to modify the certified parking standards or any proposed alternative
transportation plan.
3. Add the following language to Development Standards and Design
Guidelines, Section E - Planning Area 4, Subsection 2 - Development
26 Standards, as a new Section "h" as follows:
27 h. Alternative Transit
28
-2-
1 The City and Legoland shall actively encourage convenient alternatives to
automobile use throughout the Carlsbad Ranch and surrounding coastal areas including
2 the Poinsettia Station and the Carlsbad Village Transit Center by implementing the
following measures:
4 • The City shall encourage transit operators to provide low-cost transit service from
Legoland Hotel and Legoland Park to beaches and visitor-serving areas, as well as
5 major transit stations, and to provide such transit service within walking distance of
Legoland Park, especially throughout the summer. Such encouragement should
6 include, at a minimum, joint advertising of such services by Legoland and the City.
7 • If daily public transit service is not available. Legoland shall provide shuttle
service to all Legoland Hotel and Legoland Park guests, as well as Legoland
employees, providing transportation from the Poinsettia Station and the Carlsbad
9 Village Transit Center on a regular schedule including at least two times each morning,
with scheduled returns every afternoon. If after a minimum two-year period, the City
10 has documentation that such a service is not being utilized by the public, an amendment
to this LCP policy may be considered. Transit opportunities shall be advertised on the
11 Legoland website explaining to all patrons how to make best use of transit when arriving
at either the Poinsettia Station or the Carlsbad Village Transit Center.
12
• In order to minimize energy consumption and vehicle miles traveled and provide
substitute means of serving development with public transportation, Legoland shall
14 provide incentives for alternative transit use such as providing employee transit passes
or subsidies, ridesharing programs, preferred parking for carpooling, company bulletin
15 boards for use of organizing carpools, employee bike racks, and on-site shower
facilities.
16
4. Modify Figures 35, 38, and 39 in the Carlsbad Ranch Specific Plan to
17 reflect the most current development configuration at the Legoland
California Theme Park.1 o
19 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
20
adoption. The City Clerk shall send notice to the California Coastal Commission of the
21
acceptance of modifications by this ordinance, and the City Clerk shall certify to the
22
adoption of this ordinance and cause it to be published at least once in a publication of
24 general circulation in the City of Carlsbad within fifteen days after its adoption.
25 ///
26 ///
27 ///
28
-3-
1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
2 City Council on the day of 2009, and thereafter.
3 PASSED AND ADOPTED at a regular meeting of the City Council of the
4
City of Carlsbad on the day of 2009, by the following vote, to
5
wit:
6
AYES:
7
NOES:8
9 ABSENT:
10 ABSTAIN:
11
12 APPROVED AS TO FORM AND LEGALITY
13
14
15 RONALD R. BALL, City Attorney
16
17 „
CLAUDE A. LEWIS, Mayor
18
19 ATTEST:
20
21
22 LORRAINE M. WOOD, City Clerk
23 (SEAL)
24
25
26
27
28
-4-
CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL
AB# 704
MTG. 12/01/09
DEPT. Clerk
AMENDING WATER CONSERVATION
PROGRAM
DEPT. HEAD *£ •)
CITYATTY. f-J~
CITY MGR.
RECOMMENDED ACTION:
Adopt Ordinance No. 46, amending Water Conservation Ordinance No. 44, to authorize the
General Manager to set watering schedules in Drought Response Level 2 and Drought
Response Level 3.
ITEM EXPLANATION:
Ordinance No. 46 was introduced and first read at the Special Meeting of the Carlsbad
Municipal Water District Board held on November 10, 2009. The second reading allows the
Board to adopt the ordinance, which will become effective in thirty (30) days. The District
Secretary will have the ordinance published within fifteen days, if adopted.
FISCAL IMPACT:
See Agenda Bill No. 703 on file in the Office of the District Secretary.
EXHIBITS:
1. CMWD Ordinance No. 46
DEPARTMENT CONTACT: Karen R. Kundtz (760) 434-2808,
Karen.Kundtz@carlsbadca.gov
FOR SECRETARY USE ONLY.
BOARD ACTION: APPROVED D
DENIED D
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
EXHIBIT 1
1
ORDINANCE NO. 46
2
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
3 CARLSBAD MUNICIPAL WATER DISTRICT AMENDING
ORDINANCE NO. 44.
4
5 WHEREAS, article 10, section 2 of the California Constitution declares that waters of the
6 State are to be put to beneficial use, that waste, unreasonable use, or unreasonable method of
7 use of water be prevented, and that water be conserved for the public welfare; and
8 WHEREAS, conservation of current water supplies and minimization of the effects of
water supply shortages that are the result of drought are essential to the public health, safety
and welfare; and
,.. WHEREAS, regulation of the time of certain water use, manner of certain water use,
design of rates, method of application of water for certain uses, installation and use of water-
saving devices, provide an effective and immediately available means of conserving water; and
I O
WHEREAS, California Water Code sections 375 et seq. authorize water suppliers to14
adopt and enforce a comprehensive water conservation program; and
I O
WHEREAS, adoption and enforcement of a comprehensive water conservation program
16
will allow the Carlsbad Municipal Water District (CMWD) to delay or avoid implementing
17
measures such as water rationing or more restrictive water use regulations pursuant to a
18
declared water shortage emergency as authorized by California Water Code sections 350 et
19
seq.; and
20 WHEREAS, San Diego County is a semi-arid region and local water resources are
21 scarce. The region is dependent upon imported water supplies provided by the San Diego
22 County Water Authority, which obtains a substantial portion of its supplies from the Metropolitan
23 Water District of Southern California. Because the region is dependent upon imported water
supplies, weather and other conditions in other portions of this State and of the Southwestern
25 United States affect the availability of water for use in San Diego County; and
26 WHEREAS, the San Diego County Water Authority has adopted an Urban Water
27 Management Plan that includes water conservation as a necessary and effective component of
28 the Water Authority's programs to provide a reliable supply of water to meet the needs of the
Water Authority's 24 member public agencies, including the CMWD. The Water Authority's
2 Urban Water Management Plan also includes a contingency analysis of actions to be taken in
3 response to water supply shortages. This ordinance is consistent with the Water Authority's
Urban Water Management Plan; and
WHEREAS, as anticipated by its Urban Water Management Plan, the San Diego County
Water Authority, in cooperation and consultation with its member public agencies, has adopted
a Drought Management Plan, which establishes a progressive program for responding to water
8 supply limitations resulting from drought conditions. This ordinance is intended to be consistent
9 with and to implement the Water Authority's Drought Management Plan; and
10 WHEREAS, the Water Authority's Drought Management Plan contains three stages
11 containing regional actions to be taken to lessen or avoid supply shortages. This ordinance
12 contains drought response levels that correspond with the Drought Management Plan stages;
13 and
14 WHEREAS, the CMWD, due to the geographic and climatic conditions within its territory
and its dependence upon water imported and provided by the San Diego County Water
Authority, may experience shortages due to drought conditions, regulatory restrictions enacted
upon imported supplies and other factors. The Board of Directors of CMWD has adopted an
Urban Water Management Plan that includes water conservation as a necessary and effective
component of its programs to provide a reliable supply of water to meet the needs of the public19
within its service territory. The CMWD's Urban Water Management Plan also includes a
20
contingency analysis of actions to be taken in response to water supply shortages. This
21
ordinance is consistent with the Urban Water Management Plan adopted by the Board of
22
Directors of CMWD; and
23
WHEREAS the water conservation measures and progressive restrictions on water use
24
and method of use identified by this ordinance provide certainty to water users and enable
25 CMWD to control water use, provide water supplies, and plan and implement water
26 management measures in a fair and orderly manner for the benefit of the public;
27 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad
28
Municipal Water District of the City of Carlsbad, California, as follows:
2 1. That the above recitations are true and correct.
3 2. The Board of Directors of the Carlsbad Municipal Water District of the City of
4 Carlsbad, California, hereby ordains as follows:
5 SECTION 7.0 DROUGHT RESPONSE LEVEL 2 - DROUGHT ALERT CONDITION
6 (a) A Drought Response Level 2 condition is also referred to as a "Drought Alert" condition. A
7 Level 2 condition may apply when the Water Authority notifies its member agencies that due to
cutbacks caused by drought or other reduction in supplies, a consumer demand reduction of up
g to 20 percent is required in order to have sufficient supplies available to meet anticipated
demands. The CMWD Board of Directors shall declare the existence of a Drought Response
g Level 2 condition and implement the mandatory Level 2 conservation measures identified in this
ordinance.
10
(b) All persons using CMWD water shall comply with Level 1 Drought Watch water conservation
11 practices during a Level 2 Drought Alert, and shall also comply with the following additional
conservation measures:
12
1. Limit residential and commercial landscape irrigation to assigned days per week on a
13 schedule established by the General Manager. Within five (5) days following the declaration
of the response level, the CMWD shall publish a notice of the assigned days in one or more
14 newspapers, including a newspaper of general circulation within the CMWD. The CMWD
may also post notice of the condition on its website. This section shall not apply to
15 commercial growers and nurseries.
16 2. Limit lawn watering and landscape irrigation using sprinklers to time limits per watering
station per assigned day as established by the General Manager. Within five (5) days
17 following the declaration of the response level, the CMWD shall publish a notice of the
assigned time limits in one or more newspapers, including a newspaper of general
18 circulation within the CMWD. The CMWD may also post notice of the condition on its
website. This provision does not apply to landscape irrigation systems using water efficient
19 devices, including but not limited to: weather based controllers, drip/micro-irrigation systems
and stream rotor sprinklers.
20
3. Water landscaped areas, including trees and shrubs located on residential and
21 commercial properties, and not irrigated by a landscape irrigation system governed by
section 5 (b) (1), on the same schedule set forth in section 5 (b) (1) by using a bucket, hand-
22 held hose with positive shut-off nozzle, or low-volume non-spray irrigation.
23 4. Repair all leaks within seventy-two (72) hours of notification by the CMWD unless other
arrangements are made with the General Manager or Designee.
24
5. Stop operating ornamental fountains or similar decorative water features unless recycled
25 water is used.
26 SECTION 8.0 DROUGHT RESPONSE LEVEL 3 - DROUGHT CRITICAL CONDITION
27 (a) A Drought Response Level 3 condition is also referred to as a "Drought Critical" condition. A
28
1 Level 3 condition may apply when the Water Authority notifies its member agencies that due to
increasing cutbacks caused by drought or other reduction of supplies, a consumer demand
2 reduction of up to 40 percent is required in order to have sufficient supplies available to meet
anticipated demands. The CMWD Board of Directors shall declare the existence of a Drought
3 Response Level 3 condition and implement the Level 3 conservation measures identified in this
ordinance.
4
(b) All persons using CMWD water shall comply with Level 1 Drought Watch and Level 2
5 Drought Alert water conservation practices during a Level 3 Drought Critical condition and shall
also comply with the following additional mandatory conservation measures:
6
1 . Limit lawn watering and landscape irrigation using sprinklers to time limits per
7 watering station per assigned day as established by the General Manager. Within five
(5) days following the declaration of the response level, the CMWD shall publish a notice
8 of the assigned days in one or more newspapers, including a newspaper of general
circulation within the CMWD. The CMWD may also post notice of the condition on its
9 website. This section shall not apply to commercial growers or nurseries.
10 2.Water landscaped areas, including trees and shrubs located on residential and
commercial properties, and not irrigated by a landscape irrigation system governed by
1 1 section 6 (b) (1), on the same schedule set forth in section 6 (b) (1) by using a bucket,
hand-held hose with a positive shut-off nozzle, or low-volume non-spray irrigation.
12
3. Stop filling or re-filling ornamental lakes or ponds, except to the extent needed to
sustain aquatic life, provided that such animals are of significant value and have been
actively managed within the water feature prior to declaration of a drought response
level under this ordinance.
16
4. Stop washing vehicles except at commercial carwashes that re-circulate water, or by
high pressure/low volume wash systems.
5. Repair all leaks within forty-eight (48) hours of notification by the CMWD unless other
' arrangements are made with the General Manager or Designee.
1 R (c) Upon the declaration of a Drought Response Level 3 condition, no new potable water service
shall be provided, no new temporary meters or permanent meters shall be provided, and no
statements of immediate ability to serve or provide potable water service (such as, will serve
letters, certificates, or letters of availability) shall be issued, except under the following
circumstances:
21 1 . A valid, unexpired building permit has been issued for the project; or
22 2. The project is necessary to protect the public's health, safety, and welfare; or
23
3. The applicant provides substantial evidence of an enforceable commitment that water
24 demands for the project will be offset prior to the provision of a new water meter(s).
25 This provision shall not be construed to preclude the resetting or turn-on of meters to provide
continuation of water service or to restore service that has been interrupted for a period of one
2Q year or less.
27 (d) Upon the declaration of a Drought Response Level 3 condition, the Board of Directors of
CMWD will suspend consideration of annexations to its service area.
28
1
(e) The Board of Directors of CMWD may establish a water allocation for property served by
2 the CMWD taking into consideration a method that does not penalize persons for the
implementation of conservation methods or the installation of water saving devices. If the Board
3 of Directors of CMWD establishes a water allocation notice of the allocation shall be provided by
including it in the regular billing statement for the fee or charge or by any other mailing to the
4 address to which the CMWD customarily mails the billing statement for fees or charges for on-
going water service. Following the effective date of the water allocation as established by the
5 Board of Directors of CMWD, any person that uses water in excess of the allocation shall be
subject to a penalty in the amount equal to the penalty rate established by the Metropolitan
6 Water District for each billing unit of water in excess of the allocation.
The penalty for excess water usage shall be cumulative to any other remedy or penalty that may
7 be imposed for violation of this ordinance.
8 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the
9 Secretary shall certify the adoption of this ordinance and cause it to be published at least once in a
10 newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
11
12
13
14
15
16 "'
17 "'
18 '"
19 '"
20 '"
21 "'
22 "'
23 "'
24
25 '"
26 '"
27 "'
28
1 INTRODUCED AND FIRST READ at a Special Meeting of the Board of Directors of the
2 Carlsbad Municipal Water District on the 10th day of November, 2009, and thereafter;
3 PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of Directors of the
4 Carlsbad Municipal Water District on the day of 2009 by the following vote to
5 wit:
6
7 AYES:
8 NOES:
9 ABSENT:
10 ABSTAIN:
11
12 APPROVED AS TO FORM AND LEGALITY
13
14 ii
RONALD R. BALL, General Counsel
I O
16
17 CLAUDE A LEWIS, President
18
19 ATTEST:
20
21
23
24
25
26
27
28
LORRAINE M. WOOD, Secretary
(SEAL)
CITY OF CARLSBAD
AND
HOUSING AND REDEVELOPMENT COMMISSION
JOINT AGENDA BILL
13
AB* 20,054
MTG. 12/01/09
DEPT. HRED
EXTENSION OF URGENCY ORDINANCE
PROHIBITING ANY NEW OR EXPANDED
THERMAL ELECTRIC POWER
GENERATION FACILITIES WITHIN
CARLSBAD'S COASTAL ZONE AND
AUTHORIZATION FOR RELATED LAND
USE STUDIES
DEPT. HEAD l)>/ 4«$*' I (/
CITY ATTY. iJf
CITY MGR. "iij^-
RECOMMENDED ACTION:
1. City Council to Adopt Ordinance No. CS-OTQ , extending Urgency Ordinance CS-067 for ten
(10) months and fifteen (15) days to prohibit any new or expanded thermal electric power
generation facilities within Carlsbad's Coastal Zone.
2 City Council to adopt Council Resolution No. 2009-299 directing City Staff to prepare a land use
study and recommendations for the existing Encina Power Plant property that is consistent
with Land Use Analysis Options 1B and 1C as set forth within Exhibit 5, which may include
revisions to the Land Use Element of the General Plan, Local Coastal Program, Zoning
Ordinance, and Specific Plan 144 and any other planning regulations as necessary
regarding appropriate locations for thermal electric power generation facilities within the City
of Carlsbad, and authorizing a loan of funds to the Carlsbad Redevelopment Agency to
allow for the expenditure of funds for said land use study and/or related environmental
review for the Encina Power Plant and related properties.
3. Housing and Redevelopment Commission to adopt Commission Resolution No. 479
directing Redevelopment Agency staff to work with City staff to prepare a land use study
and recommendations for the existing Encina Power Plant and related properties as noted
above, and to accept a loan from the City of Carlsbad to allow for expenditure of funds for
said land use study and/or related environmental review for the Encina Power Plant and
related properties, which are located within the South Carlsbad Coastal Redevelopment
Area and therefore within the jurisdiction of the Commission.
DEPARTMENT CONTACT: Christer Westman, 602-4614, christer.westman@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
Dn
D
D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
D
D
D
D
ITEM EXPLANATION:
On October 20, 2009, the City Council approved Ordinance CS-067 which declared a
moratorium on any new or expanded thermal-electric power plants within Carlsbad's coastal
zone. A companion resolution was also approved (Resolution No. 2009-263) which directed
City staff to review existing Public Utility (P-U) zone designations and to revise them
accordingly, including Specific Plan 144 (which includes the Encina Power Station). Staff has
not yet completed its study and recommendations and is, therefore, recommending that
Urgency Ordinance CS-067 be extended ten months and fifteen days. In addition to the City
Council directing staff to complete the noted study, it is requested that the Housing and
Redevelopment Commission also take action to direct its staff to work with City staff on
completing the subject study and submitting recommendations, as appropriate.
Ordinance CS-067 is effective until December 4, 2009. Per California Government Code
Section 65858, the City Council can extend that ordinance for an additional 10 months 15 days
if it finds that there is a current and immediate threat to the health, safety, and welfare of the
citizens of Carlsbad. California Government Code Section 65858(d) requires that a written
report describing the measures taken to alleviate the condition which led to the adoption of the
ordinance be issued no less than 10 days prior to the expiration of the adopted urgency
ordinance in order to consider an extension of the moratorium. The report is attached as
Exhibit 4.
As is summarized in the report, since the October 20, 2009 meeting, the City and
Redevelopment Agency have both conveyed its respective concerns regarding health, safety,
and public welfare to siting a new power plant along its coastline to the California Energy
Commission (CEC) and within the South Carlsbad Coastal Redevelopment Area. The CEC
recognized the City's and some of the Agency concerns in its Final Staff Analysis (FSA) which
was released on November 12, 2009. Staff has met to identify and evaluate potential land use
study options for the existing Encina Power Plant property and other properties included within
Specific Plan 144, which has resulted in a staff recommendation for City Council and Housing
and Redevelopment Commission consideration at this time.
Land Use Study Options
Staff has identified a number of options with regards to the scope of the land use study for the
existing Encina Power Plant property and other properties included within Specific Plan 144.
The attached matrix (Exhibit 5) summarizes these options for Council and Commission
consideration. Based on benefit to the City and Redevelopment Agency, projected cost,
usefulness and time constraints, staff recommends Council and Commission direct staff to
proceed with a land use study for said properties in a manner consistent with Options 1B and
1C of said matrix report. These options would allow Council/Commission to consider
amendments to land use which address the current concerns while preserving the requirement
that any future development require a more specific level of planning that will also include
opportunities for public input. Staff anticipates that it would take approximately 12 to 24 months
to complete the land use study, prepare the necessary amendments and complete the
environmental review. The projected budget for Option 1B or 1C is estimated at $200,000.
If approved by Council, City staff will also complete a study of alternative sites within the City
that may accommodate and are acceptable to the City for the location and operation of thermal
electric power generation facilities.
FISCAL IMPACT:
The project budget is estimated not to exceed $200,000 for the land use study and/or related
environmental review consistent with either Option 1B or 1C of the Encina Power Plant Land
Use Options Analysis (Exhibit 5). It is anticipated that these funds will be expended by the
Redevelopment Agency to obtain professional services of various land use and/or legal
consultants to study the land use and to develop recommendations on the desired "Conceptual
Master Plan and/or Land Use Development Strategy" for the existing Encina Power Plant and
related properties, and/or to complete appropriate environmental review for said project. The
Carlsbad South Coastal Redevelopment Project Area, however, will require a loan of said funds
from the General Fund Reserve in order for the Redevelopment Agency to fund said
professional services.
Per a Cooperative Agreement approved on August 7, 2001 between the Commission and
Council, the City Council has previously agreed to loan funds to the Housing and
Redevelopment Commission, as needed, for operations and projects of the Carlsbad
Redevelopment Agency as related to the South Carlsbad Coastal Redevelopment Project Area.
The proposed land use study and related environmental review for the Encina Power Plant and
related properties is a project of the Carlsbad Redevelopment Agency and requires a loan from
the General Fund Reserve of up to $200,000 to fund said project. The loan shall constitute an
indebtedness of the Housing and Redevelopment Commission and shall be repaid at the time
tax increment funds become available. The loan shall be repaid with future tax increment funds
generated solely from the South Carlsbad Coastal Redevelopment Project Area and as set forth
within the Cooperation Agreement between the City and Agency dated August 7, 2001.
City staff will complete the study of acceptable/alternative sites for the location of thermal
electric power generation facilities within the City of Carlsbad. It is not anticipated at this time
that additional funding shall be required to complete said study of acceptable/alternative sites.
ENVIRONMENTAL IMPACT:
This action does not constitute a project as defined under CEQA (California Environmental
Quality Act section 15378) pursuant to Public Resources Code Section 21065 in that the
proposed ordinance would not cause any direct or indirect physical change in the environment
because the Moratorium prohibits the approval of any development application for a thermal
electric power generation facilities in the Coastal Zone.
EXHIBITS:
1. Ordinance No. cs-070
2. City Council Resolution No. 2QQ9-299
3. Housing and Redevelopment Commission Resolution No. 479
4. Report on Moratorium-driven activities
5. Matrix of Land Use Study Options for Encina Power Plant and related properties.
1 ORDINANCE NO. CS- cs-070
AN URGENCY ORDINANCE OF THE CITY COUNCIL
2 OF THE CITY OF CARLSBAD, CALIFORNIA,
3 EXTENDING URGENCY ORDINANCE NO. CS-067
PROHIBITING THE EXPANSION OR LOCATION OF
THERMAL ELECTRIC POWER GENERATION
FACILITIES WITHIN CARLSBAD'S COASTAL ZONE
FOR TEN MONTHS AND FIFTEEN DAYS
4
5
6
7
8
9
14
15
16
22
23
24
EXHIBIT 1
WHEREAS, at its regular meeting of October 20, 2009 the City Council
adopted Urgency Ordinance No. CS-067 prohibiting any new or expanded thermal
electric power generation facilities located in Carlsbad's Coastal Zone; and
WHEREAS, Government Code section 65858 authorizes extension of
11
said emergency interim ordinance, after notice and hearing, by a four-fifths vote for
12
up to ten (10) months and fifteen (15) days; and a subsequent extension for up to
13.
one additional year; and
WHEREAS, this ordinance is adopted pursuant to Government Code
section 65858(a) allowing the extension of such urgency ordinance by a four-fifths
VI_»IG \j\ no icyi
WHEREAS, the Public Utility Zone was established and created in
vote of its legislative body for ten (10) months and fifteen (15) days; and
18
19
1971; and
20
WHEREAS, that zone has not been studied or substantially amended
since that time; and
WHEREAS, the General Plan designation establishing a public utilities
land use classified "U" was established October 15, 1974 and has not been
25 substantially reviewed or amended since that time; and
26 WHEREAS, the City needs additional time to comprehensively study
27
both the General Plan and Public Utilities Zones in order to determine whether or
28
-1 -
1
2
3
4
5 energy generation, gas generation, water utilities, treatment of waste water
6 processing and disposal utilities and other public utilities are permitted within that
7
designation upon obtaining a Specific Plan, Precise Development Plan or similar
8
actions adopted by ordinance and none of these uses are a conditional use within
\y
10
11
12
17
18
19
20
24
25
26
27
28
not, due to the passage of time and advances in technology, existing standards are
no longer appropriate or sufficient to protect the health, safety and welfare of its
citizens; and
WHEREAS, public utilities, without distinction between electrical
that designation; and
WHEREAS, the San Diego Gas and Electric Company (SDG&E)
constructed the existing Encina Power Station in approximately 1952 and prior to the
13 General Plan designation establishing a public utilities land use and implementing
14
zone; and
15
WHEREAS, the Agua Hedionda Local Coastal Plan (LCP) was
16
adopted in 1982 which pertained to the properties then owned by SDG&E including
the Encina Power Station; and
WHEREAS, the LCP contains numerous regulations and restrictions
which impact the Encina Power Station site including those related to public access,
21 land use, recreation, agriculture, aquaculture, visual impacts and uses of the lagoon;
22
and
23
WHEREAS, in 1999, SDG&E sold a significant portion of its holdings
within Specific Plan 144 to Cabrillo Power LLC, now known as the Carlsbad Energy
Center LLC, including the Encina Power Station and outer, middle, and inner basins
of the Agua Hedionda Lagoon; and
-2-
WHEREAS, the Carlsbad Energy Center LLC ("Applicant") filed a1
2
3
4
WHEREAS, the CECP represents an expansion of the Encina Power
6 Station; and
7
WHEREAS, the CEC has notified the City that the proposed Encina
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Power Station site is the prime candidate for expansion because of the readyy
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Notice of Intention on September 14, 2007 with the California Energy Commission
("CEC") for the development of the Carlsbad Energy Center Project (CECP), a 558-
megawatt (MW) gross combined-cycle power generating facility; and
availability of land and existing electric utility related infrastructure; and
WHEREAS, at the time the existing Encina Power Station was
established it required a daily need for hundreds of millions of gallons of once-
13 through cooling ocean water to operate the plant and generate electricity; and
14
WHERAS, with current technology, thermal electric power generation
15
facilities no longer require ocean water for cooling and as such are no longer
16
considered coastal-dependent land uses; and
WHEREAS, the construction of the addition to the existing plant will
have significant effects on the environment including impacts to existing visual blight;
and
21 WHEREAS, the construction and expansion of the existing plant will
22
add pollutants and noxious emissions to the environment affecting the health, safety
23
and welfare of the citizens of Carlsbad and its environs; and24
WHEREAS, the construction and expansion of the existing plant will
affect the fish and wildlife ecosystem of the Agua Hedionda Lagoon; and
-3-
1
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environmental risks; and
6 WHEREAS, the City intends to study the appropriateness of the
7
General Plan land use designation for the site; and
8
WHEREAS, construction of the CECP may be in conflict with a zoningy
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WHEREAS, expansion of the Encina Power Station may be prejudicial
to other proposed nearby land uses; and
WHEREAS, the expansion to the Encina Power Station will require
increased fossil fuel consumption and expose the citizens of Carlsbad to additional
proposal which the City Council intends to study; and
WHEREAS, processing and approval of the CECP, until these studies
are completed and the General Plan and zoning districts amended, would severely
13 prejudice the ability of the City to permit, conditionally permit or prohibit expansion or
14
location of thermal electric power generation facilities at this location or at other
15
locations; and
16
WHEREAS, the City Council has determined for the reasons stated
above, such expansion of the existing Encina Power Station represents a current
and immediate threat to the public health, safety and welfare; and
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NOW, THEREFORE, the City Council of the City of Carlsbad ordains
22
as follows:
23
SECTION 1: That the above recitations are true and correct.24
SECTION 2: That the proposed CECP represents a current and
immediate threat to the public health, safety, and welfare to the Citizens of Carlsbad
-4-
SECTIONS: No development application shall be accepted,
2
3
4
5 SECTION 4: That Ordinance No. CS-067 is extended ten (10)
6
months and fifteen (15) days.
7
DECLARATION OF URGENCY: This ordinance is hereby declared to
8
be an emergency ordinance adopted as an urgency measure to protect the public\y
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processed or approved which would increase the size, location, generating capacity
or use of the existing Encina Power Station or allow the establishment of any other
thermal electric power generation facility within the Coastal Zone.
health, safety and welfare and shall take effect immediately upon its adoption. The
facts constituting the emergency are set forth in Ordinance No. CS-067 and Council
Resolution No. 2009-263, dated 10/20/2009 on file with the City Clerk and made a
13 part of hereof and represent a current and immediate threat to the public health,
14
safety and welfare of the citizens of Carlsbad.
15
EFFECTIVE: This ordinance as amended shall be effective
16
immediately upon passage and shall be of no further force and effect after ten (10)
months and fifteen (15) days of the date of its adoption unless extended by the City
Council according to law.
At least ten days prior to the expiration of this interim ordinance, the
21
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City Council shall issue a written report describing the measures it has taken to
22
alleviate the conditions which led to the adoption of this ordinance. The City Clerk of
23
the City of Carlsbad shall certify to the adoption of this ordinance and cause it to be
published within 15 days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the day of , 2009, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the day of , 2009, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
-6-
ihti' 2—
1 RESOLUTION NO. 2009-299
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA DECLARING ITS
3 INTENTION TO STUDY AND CONSIDER
4 AMENDMENTS TO THE LAND USE ELEMENT OF THE
GENERAL PLAN , ZONING ORDINANCE AND OTHER
5 REGULATIONS PERTAINING TO THE LOCATION AND
OPERATION OF THERMAL ELECTRIC POWER
6 GENERATION FACILITIES WITHIN THE CITY
7
WHEREAS, at its regular meeting on October 20, 2009, the City Council8
9 adopted Resolution No. 2009-263 which declares its intention to consider amendments
10 to the General Plan, the Zoning Ordinance and other regulations pertaining to the
11 location and operation of thermal electric power generation facilities within Carlsbad's
12 Coastal Zone; and
13 WHEREAS, City staff was authorized and directed to study and prepare
14 recommendations and to set public hearings before the Planning Commission and City
15 Council to determine whether the present General Plan and Zoning designations for
16
thermal electric power generation facilities within the City, including the Encina Power
17
Station site, should be amended; and
18
WHEREAS, the study may include preparing land use alternatives and/or
20 a "Conceptual Master Plan or Land Use Development Strategy" for the properties
21 included in the Encina Power Station site and, may include the use of consulting firms to
22 assist city staff in preparing said land use alternatives for the Encina Power Station site
23 and/or preparing appropriate environmental review documents; and
WHEREAS, staff is also directed to consider the repeal or amendments to
25 Carlsbad Municipal Code section 21.48.100 regarding Public Utility exemptions from the
26
non-conforming use provisions to the Zoning Ordinance, as appropriate; and
27
28
1 WHEREAS, City staff have developed land use study options for City
2 Council consideration; and
3 WHEREAS, projected cost for professional consultant services for said
4
land use study for the Encina Power Plant and related properties and/or related
5 environmental review is estimated to be no more than $200,000, and shall be paid for
6
by the Carlsbad Redevelopment Agency with funds loaned to said Agency from the City
7
of Carlsbad pursuant to a Cooperative Agreement approved by the Council and
8
9 Housing and Redevelopment Commission on August 7, 2001; and
10 WHEREAS, the City Council desires to loan the Carlsbad Redevelopment
11 Agency said funds in order to complete said study and related environmental review.
12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
13 Carlsbad, California as follows:
14 1. That the above recitations are true and correct.
15
2. That pursuant to Section 21.52.020 of the Carlsbad Municipal Code and
16
Section 65358 of the State Government Code, the City Council of the City of Carlsbad17 > y y
, 0 declares its intention to consider amendments to the Land Use Element of the General18
19 Plan, the Zoning Ordinance and other regulations pertaining to the location and
20 operation of thermal electric power generation facilities within the City of Carlsbad.
21 3. That the Planning Director is hereby authorized and directed to study this
22 land use matter, prepare recommendations and to set public hearings before the
23 Planning Commission, City Council, and Housing and Redevelopment Commission to
24
determine whether the present Land Use Element of the General Plan and Zoning
25
designations for thermal electric power generation facilities within the City, including the
26
Encina Power Station site, should be amended.
28
1 4. That the Planning Director is hereby authorized and directed to study
2 alternative land uses and, if appropriate, prepare a "Conceptual Master Plan and/or
3 Land Use Development Strategy" for the properties included in the Encina Power
4 Station site.
5
5. That the Planning Director is authorized to solicit Requests for
6
Qualifications (RFQ's) and/or Proposals from consulting firms that are qualified and
interested to assist Director in completing said study and preparing recommendations
9 on alternative land uses for the Encina Power Station site and/or prepare the
10 appropriate environment review document.
6. That the Planning Director is also directed to consider the repeal or
12 amendment to Carlsbad Municipal Code section 21.48.100 regarding Public Utility
13
exemptions from the non-conforming use provisions to the Zoning Ordinance, as
14
appropriate.
15
7. That the City Council authorizes the Finance Director to appropriate16
17 funding in the form of a loan to the Carlsbad Redevelopment Agency in an amount not
18 to exceed $200,000 from the General Fund-Fund Balance to complete the desired study
19 and alternative land use recommendations report and/or related environmental review
20 for the Encina Power Plant properties, and that said loan shall constitute an
71 indebtedness of the Housing and Redevelopment Commission and shall be repaid.
22
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1 PASSED, APPROVED AND ADOPTED at a Joint Meeting of the City
2 Council and Housing and Redevelopment Commission held on the day of
3 ., 2009, by the following vote:
4 AYES:
5
NOES:
6
ABSENT:
7"
8
9
10
CLAUDE A LEWIS, Mayor
11
ATTEST:
12"
13
14
15 LORRAINE M. WOOD, City Clerk
(SEAL)
16"
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1 RESOLUTION NO. 479
2 A RESOLUTION OF THE HOUSING AND
REDEVELOPMENT COMMISSION OF THE CITY OF
3 CARLSBAD, CALIFORNIA AUTHORIZING THE
4 PLANNING DIRECTOR ON BEHALF OF THE
CARLSBAD REDEVELOPMENT AGENCY AND THE
5 CITY OF CARLSBAD TO STUDY AND CONSIDER
AMENDMENTS TO THE LAND USE ELEMENT OF THE
6 GENERAL PLAN, ZONING ORDINANCES AND OTHER
REGULATIONS PERTAINING TO PROPERTY WITHIN
7 THE SOUTH CARLSBAD COASTAL REDEVELOPMENT
AREA, AND OTHER AREAS OF THE CITY, AS
8 RELATED TO THE APPROPRIATE LOCATIONS FOR,
AND OPERATION OF, THERMAL ELECTRIC POWER
GENERATION FACILITIES.
10
11
WHEREAS, at its regular meeting on October 20, 2009, the City Council adopted
12
Resolution No. 2009-263 which declares its intention to consider amendments to the13
General Plan, the Zoning Ordinances and other regulations pertaining to the location
15 and operation of thermal electric power generation facilities within Carlsbad's Coastal
16 Zone; and
17 WHEREAS, City staff was authorized and directed to study and prepare
18 recommendations and to set public hearings before the Planning Commission and City
19 Council to determine whether the present General Plan and Zoning designations for
20 thermal electric power generation facilities within the City, including the Encina Power
21
Station site, should be amended; and
22
WHEREAS, the Housing and Redevelopment Commission hereby declares its
23
intention to work together with the City of Carlsbad to consider amendments to the
25 General Plan, the Zoning Ordinances and other regulations pertaining to the location
26 and operation of thermal electric power generation facilities within the boundaries of the
27 South Carlsbad Coastal Redevelopment Area; and
28
1 WHEREAS, the Housing and Redevelopment Commission hereby authorizes
2 and directs Redevelopment Agency staff to work together with City staff to study and
3 prepare recommendations and to set public hearings before the Planning Commission,
4 City Council and Housing and Redevelopment Commission to determine whether the
5 present General Plan and Zoning designations for thermal electric power generation
6
facilities within the South Carlsbad Coastal Redevelopment Area and other areas of the
7
City, which include the existing Encina Power Station site, should be amended; and8
„ WHEREAS, the study may include preparing land use alternatives and/or a
IQ "Conceptual Master Plan or Land Use Development Strategy" for the properties
11 included in the Encina Power Station site and, may include the use of consulting firms to
12 assist Agency and City staff in preparing said land use alternatives for the Encina Power
13 Station site and/or prepare appropriate environmental review documents; and
14 WHEREAS, Agency Staff is also directed to work with City Staff to repeal or
recommend amendments to Carlsbad Municipal Code section 21.48.100 regarding
16
Public Utility exemptions from the non-conforming use provisions to the Zoning
17
Ordinance, as appropriate; and
18
WHEREAS, City and Agency staff have developed land use study options for
20 City Council and Housing and Redevelopment consideration; and
21 WHEREAS, the Housing and Redevelopment Commission has determined that
22 Agency and City Staff may require the professional services of various land use and/or
23 legal consultants to study said land use and to develop recommendations on the
24 desired "Conceptual Master Plan and/or Land Use Development Strategy" for said
25 properties in the South Carlsbad Coastal Redevelopment Area; and
26
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1 WHEREAS, the City Council has appropriated funding for the subject consultant
2 services and has previously agreed, per a Cooperative Agreement approved on August
3 7, 2001, to loan funds to the Housing and Redevelopment Commission for operations
4 and projects of the Carlsbad Redevelopment Agency as related to the South Carlsbad
5
Coastal Redevelopment Area; and
6
WHEREAS, the Carlsbad Redevelopment Agency desires to obtain a loan from
7
the City of Carlsbad for said operations and project costs related to the land use study8
9 set forth herein; and
10 WHEREAS, the expenditure of funds by the Housing and Redevelopment
11 Commission, on behalf of the Carlsbad Redevelopment Agency, on said land use study
12 and related reports and recommendations is consistent with the goals and objectives
13 and anticipated expenditure plan set forth within the South Carlsbad Coastal
14 Redevelopment Five-Year Implementation Plan as approved on January 17, 2006.
15
16
NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment
17
Commission of the City of Carlsbad, California as follows:
18
19 1. That the above recitations are true and correct.
20 2. That pursuant to Section 21.52.020 of the Carlsbad Municipal Code and
21 Section 65358 of the State Government Code, the City Council of the City of Carlsbad
22 has declared its intention to consider amendments to the General Plan, the Zoning
23 Ordinances and other regulations pertaining to the location and operation of thermal
24 electric power generation facilities within the City.
25
3. That the Housing and Redevelopment Director and Planning Director are
26
hereby authorized and directed to work together to study this land use matter, prepare
28
1 recommendations and to set public hearings before the Planning Commission, City
2 Council and Housing and Redevelopment Commission, as appropriate, to determine
3 whether the present General Plan and Zoning designations for thermal electric power
4 generation facilities within the City, including the Encina Power Station site, should be
5
amended.
6
4. That said Agency and City staff are also hereby authorized and directed to
study alternative land uses and, if appropriate, prepare a "Conceptual Master Plan
o
9 and/or Land Use Development Strategy" for the properties included in the Encina Power
10 Station site.
11 5. That said Agency and City staff are also directed to consider the repeal or
i j amendments to Carlsbad Municipal Code section 21.48.100 regarding Public Utility
exemptions from the non-conforming use provisions to the Zoning Ordinance, as
14
appropriate.
15
6. That said Agency and City staff are authorized to solicit Requests for16
Qualifications and/or Proposals, as appropriate, from consulting firms that are qualified
18 to assist staff in completing said study and preparing recommendations on alternative
19 land uses for the Encina Power Station site and/or to prepare the appropriate
20 environmental review document.
21 7. That on behalf of the Carlsbad Redevelopment Agency, the Housing and
22 Redevelopment Commission accepts a loan in an amount not to exceed $200,000 from
23
the City of Carlsbad to fund one or more professional service agreements to complete
24
the desired study and alternative land use recommendations report and/or related
25
environmental review. The loan shall constitute an indebtedness of the Carlsbad26
27 Redevelopment Agency and shall be repaid at the time tax increment funds become
28
1 available. The loan shall be repaid with future tax increment funds generated solely from
2 the South Carlsbad Coastal Redevelopment Project Area and as set forth within the
Cooperation Agreement between the City of Carlsbad and Carlsbad Redevelopment
4 Agency dated August 7, 2001.
5 "
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PASSED, APPROVED AND ADOPTED at a Special Joint Meeting of the
Housing and Redevelopment Commission and the Carlsbad City Council held on the
day of , 2009, by the following vote:
AYES:
NOES:
ABSENT:
CLAUDE A LEWIS, Chairman
ATTEST:
LISA HILDABRAND, Secretary
(SEAL)
EXHIBIT 4
November 16, 2009
TO: CITY MANAGER
VIA: COMMUNITY DEVELOPMENT DIRECTOR
FROM: Planning Director
SUBJECT: Power Plant Development in the Coastal Zone Moratorium
The City Council adopted an urgency ordinance (CS-067) prohibiting the development
of power generation plants within the coastal zone on October 20, 2009. This ordinance
was in response to NRG's proposal to add additional power generation at the existing
Encina Power Station site. Unless extended, the urgency ordinance is due to expire on
December 4, 2009. California Government Code Section 65858(d) requires that a
written report describing the measures taken to alleviate the subject urgency ordinance
condition must be issued no less than 10 days prior to the expiration of the adopted
urgency ordinance in order to consider an extension of the moratorium. The following is
intended to serve as the required report.
As highlighted in the October 20, 2009 City Council meeting, the City has demonstrated
a history of its desire to limit the expansion of the existing power plant and the
development of new plants along the coast in favor of developing coastal properties with
recreation, commercial, and tourism uses that are unique to the coast.
Since the October 20 meeting, the City has conveyed its objections to siting a new
power plant along its coastline to the California Energy Commission (CEC), which is the
State agency responsible for licensing new power plants. The CEC recognizes the
City's concerns in its Final Staff Analysis which was released on November 12, 2009.
Additionally, during the October 20, 2009 council meeting, the City Council adopted
Resolution No. 2009-263, which directs staff to prepare a land use analysis that studies
where, if any, locations are acceptable for power generation in Carlsbad's coastal zone
and to evaluate what appropriate land use designation(s) should be applied to Specific
Plan Area 144 (this includes the Encina Power Station). Subsequent to the October 20
meeting, staff has met to identify and evaluate potential land use analysis options
(Exhibit 1), which has resulted in a staff recommendation for City Council's
consideration.
Staff expects that it will take several months to complete the above-mentioned land use
study. For that reason, staff recommends that the City Council extend Urgency
Ordinance CS-067.
ENCINA POWER PLANT LAND USE OPTIONS- OCTOBER 28, 2009 EXHIBIT 5
OPTIONS
REQUIREMENTS
PROS
CONS
Option 1 - Change the Land Use
Designations
• General Plan Amendment
• Zone Change
• Local Coastal Plan Amendment
(Agua Hedionda Land Use Plan)
• Specific Plan 144 Amendment
• South Carlsbad Redevelopment
Plan Amendment
• Precise Development Plan
Amendment
• Zone Code Amendment to the
Nonconforming Use Chapter
• Environmental Impact Report
• Faster to complete when
compared to Option 2
• Less costly
• Provides the developer flexibility
• Could narrow choices
• Public feels excluded
Option 1A - Change to an Unplanned
Area General Plan Designation
• Requires that future planning be done
to establish the land uses
• General Plan Amendment
• Zone Change -Change to Limited
Control (L-C)
• Local Coastal Plan Amendment
• Specific Plan 144 Amendment
• South Carlsbad redevelopment Plan
Amendment
• Precise Development Plan
Amendment
• Zone Code Amendment to the
Nonconforming Use Chapter
• Environmental Impact Report
• Faster to complete when compared to
Option 2
• Less costly
• Provides the developer flexibility
• Could narrow choices
• Public feels excluded
Option IB - Combination General Plan
District
• Designate the site with more than one
land use classification
• Requires the future approval of a
specific plan prior to development of
25 acres or more
• General Plan Amendment
• Zone Change
• Local Coastal Plan Amendment (Agua
Hedionda Land Use Plan)
• Specific Plan 144 Amendment
• South Carlsbad Redevelopment Plan
Amendment
• Precise Development Plan
Amendment
• Zone Code Amendment to the
Nonconforming Use Chapter
• Environmental Impact Report
• Requires a future specific plan
• Public involvement could be expanded
during the specific plan process
• Faster to complete when compared to
Option 2
• Less costly
• Provides the developer flexibility as
the plan details are developed closer
to the time of development
• Provides direction based on the
designations approved for the site
• Could narrow choices
• Public feels excluded
Option 1C - General Plan Special
Planning Consideration Area
• Designation requires that the area
receive a more specific level of
planning review
• General Plan Update could cover the
public outreach and input needed for
the area
• General Plan Amendment
• Zone Change
• Local Coastal Plan Amendment (Agua
Hedionda Land Use Plan)
• Specific Plan 144 Amendment
• South Carlsbad Redevelopment Plan
Amendment
• Precise Development Plan
Amendment
• Zone Code Amendment to the
Nonconforming Use Chapter
• Environmental Impact Report
• Requires a future more specific level
of planning
• Public involvement could be
expanded during the future planning
phase
• Faster to complete when compared
to Option 2
• Less costly
• Provides the developer flexibility as
the plan details are developed closer
to the time of development
• Provides direction based on the
designations approved for the site
• Could narrow choices
• Public feels excluded
Option 2 - Focused Planning Process to
Determine the Best Use
• Prepare a new Specific Plan for the area
• General Plan Amendment
• Zone Change
• Local Coastal Plan Amendment (Agua
Hedionda Land Use Plan)
• Specific Plan 144 Amendment
• South Carlsbad Redevelopment Plan
Amendment
• Precise Development Plan Amendment
• Zone Code Amendment to the
Nonconforming Use Chapter
• Environmental Impact Report
• Clear direction/vision
• Public involved at the ground floor
• Creates interest/buzz
• Economic attractor
• Establishes land use designations and
shortens the process for the developer
• Partnership opportunities
• Unknowns with the site
• Time consuming
• Expensive
• May create false community expectations
• Wastedeffort if the plansof afuture
developer require substantial revision of the
plan
• Limits the developer
HOUSING AND REDEVELOPMENT COMMISSION ^ 4
AGENDA BILL
AB#
MTG.
DEPT.
419
12/01/09
HRED
PROFESSIONAL SERVICES AGREEMENT
FOR EXCLUSIVE MANAGEMENT AGENT
SERVICES FOR THE TYLER COURT
SENIOR APARTMENTS.
DEPT. HEAQCQ^TK
CITY ATTY.
CITY MGR.
<gg^
(U—
478
RECOMMENDED ACTION:
That the Housing and Redevelopment Commission ADOPT Resolution No.
APPROVING a Professional Services Agreement for Exclusive Management Agent Services
with Interfaith Housing Assistance Corporation for the Tyler Court Senior Apartments,
ITEM EXPLANATION
On September 30, 1999, the Carlsbad Redevelopment Agency purchased the 75-unit Tyler
Court Senior Apartment Complex located at 3363 Tyler Street. The purchase of the property
resulted in the Redevelopment Agency providing permanent affordable housing for very low
and extremely low income senior citizens in Carlsbad.
Upon assuming ownership, the Housing and Redevelopment Commission authorized staff to
enter into a Professional Services Agreement with the Interfaith Housing Assistance
Corporation (Interfaith) for the day-to-day management and maintenance of Tyler Court. For the
past ten years, Interfaith has fulfilled their contractual obligations, and staff has been satisfied
with their overall performance. The City's current contract with Interfaith has no additional
administrative extensions permitted without further action by the Commission. Based upon a
satisfactory performance by the current management company and the Agency's desire to limit
disruption of that management thereby maintaining consistency for the residents, staff is
recommending that the Housing and Redevelopment Commission authorize the Agency's
Executive Director to execute a new Professional Services Agreement for Exclusive
Management Agent Services with Interfaith for said management services. The Professional
Services Agreement will be for an initial period of two years, and allows for three additional one-
year extensions of the agreement by the City Manager.
FISCAL IMPACT
The total costs associated with the day-to-day management and maintenance for the Tyler
Court Senior Apartments is estimated to be approximately $368,000 for fiscal year 2009-10.
The funds to operate the complex will be provided through rent revenues generated by the
renting of the 75 senior units on a monthly basis. Based on current projections, it is estimated
that rent revenues generated by the project will be approximately $490,000 per year. Therefore,
DEPARTMENT CONTACT: Debbie Fountain (760)434-2935 Debbie.Fountain(o)carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COMMISSION ACTION: APPROVED D
DENIED D
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER-SEE MINUTES D
Page 2
with an operating surplus of $122,000, it is unlikely that any additional City or Redevelopment
Agency funding will be required for operations of the subject property during the term of the
agreement. No additional funds have been required from the City or Redevelopment Agency to
manage, operate and/or maintain the Tyler Senior Court Apartments since its purchase in 1999.
ENVIRONMENTAL IMPACT:
As an agreement to provide for services to manage an existing apartment complex owned by
the Redevelopment Agency, this is an administrative activity of the government that does not
result in direct or indirect physical changes in the environment. Therefore, this action is not a
"project" subject to the California Environmental Quality Act (CEQA). Section 15378(b)(5) of
the CEQA Guidelines excludes from environmental review "organizational or administrative
activities of governments that will not result in direct or indirect physical changes in the
environment."
EXHIBITS
1. Housing and Redevelopment Commission Resolution No. 478 , authorizing the
Redevelopment Agency Executive Director to execute a Professional Services Agreement for
Exclusive Management Agent Services with Interfaith Housing Assistance Corporation for the
Tyler Court Senior Apartments.
2. Professional Services Agreement between Interfaith Housing Foundation and the Carlsbad
Redevelopment Agency for Exclusive Management Agent Services for the Tyler Court Senior
Apartments.
1 RESOLUTION NO. 478
2 A RESOLUTION OF THE CITY OF CARLSBAD HOUSING AND
REDEVELOPMENT COMMISSION APPROVING A
3 PROFESSIONAL SERVICES AGREEMENT FOR EXCLUSIVE
4 MANAGEMENT AGENT SERVICES WITH INTERFAITH
HOUSING ASSISTANCE CORPORATION FOR THE TYLER
5 COURT SENIOR APARTMENTS.
6
WHEREAS, the City of Carlsbad has a significant need for affordable housing
7
throughout the community as set forth in both its Housing Element of the General Plan and the
8
City's federally-required Consolidated Plan; and
j 0 WHEREAS, on September 30, 1 999, the Redevelopment Agency of the City of Carlsbad
purchased the Tyler Court Senior Apartment Complex for the purpose of providing permanent
12 affordable housing for very low income senior citizens in Carlsbad; and
WHEREAS, the Housing and Redevelopment Commission seeks to enter into a
Professional Services Agreement with Interfaith Housing Assistance Corporation for exclusive
management agent services for the Tyler Court Senior Apartments.
16
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and
17
Redevelopment Commission of the City of Carlsbad, California, as follows:
18
1 . The above recitations are true and correct.
20 2. The Housing and Redevelopment Commission hereby authorizes the
21 Redevelopment Agency Executive Director to execute a Professional Services
22 Agreement for Exclusive Management Agent Services with Interfaith Housing
Assistance Corporation for the Tyler Court Senior Apartments for an initial
period of two years, substantially in the form presented to the Commission and
25 subject to prior approval by the City Attorney.
26
27
28
1
2 3. The Housing and Redevelopment Commission hereby authorizes the
3 Redevelopment Agency Executive Director to extend said Professional Services
4 Agreement with Interfaith Housing Assistance Corporation for three (3)
5 additional one (1) year periods or parts thereof, as appropriate and based upon a
6 review of satisfactory performance for past management services and the City's
7 needs and subject to the approval by the City Attorney.
8n
PASSED, APPROVED, AND ADOPTED at a special meeting of the Housing
and Redevelopment Commission of the City of Carlsbad, California, held on the day
of December, 2009, by the following vote, to wit:
12
AYES:
13 NOES:
14 ABSENT:
is"
16
17 CLAUDE A. LEWIS, CHAIRPERSON
18 ATTEST:
19M
20
21 LISA HILDABRAND, SECRETARY
22 "
23
24
25
26
27
28
EXHIBIT 2
AGREEMENT FOR EXCLUSIVE MANAGEMENT AGENT SERVICES
Interfaith Housing Assistance Corporation
THIS AGREEMENT is made and entered into as of the day of
. 2009, by and between the CARLSBAD REDEVELOPMENT
AGENCY, a Community Redevelopment Agency, ("Agency"), and INTERFAITH
HOUSING ASSISTANCE CORPORATION, a California Nonprofit Benefit Corporation
("Agent).
RECITALS
A. City requires exclusive management agent services for the management
and day-to-day operation of the Tyler Court Senior Apartments located at 3363 Tyler
Street, Carlsbad, CA 92008.
B. Agent has the necessary experience in providing exclusive management
agent services.
C. Selection of Agent is expected to achieve the desired results in an
expedited fashion.
D. Agent has submitted a proposal to City and has affirmed its willingness
and ability to perform such work, and said proposal has been incorporated into this
Agreement.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Agent agree as follows:
1. SCOPE OF WORK
City retains Agent to perform, and Agent agrees to render, the management services
(the "Services") set forth within this Agreement and according to the Management Plan
set forth in attached Exhibit "A", which is incorporated by this
reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Agent will exercise the reasonable professional care and
skill customarily exercised by reputable members of Agent's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best
judgment while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of two (2) years, effective from
October 1, 2009. The City Manager may amend the Agreement to extend it for three (3)
additional one (1) year periods or parts thereof in an amount not to exceed the terms
and conditions stated in Section 5 below. Extensions will be based upon a satisfactory
review of Agent's performance, City needs, and appropriation of funds by the City
Council as necessary. The parties will prepare a written amendment indicating the
effective date and length of the extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The sole compensation which the Agent shall be entitled to receive for all services
performed under this Agreement shall be a fee computed and payable monthly on the
first day of each month as follows:
(a) During the first nine (9) months of the term of this Agreement, (through
June 30, 2010) the Agent's monthly fee shall be the sum of Forty Two Dollars, Forty
Two Cents ($42.42) per unit (including any free unit for managerial staff).
(b) During each subsequent year of the Agreement, the Agent's monthly fee
shall be increased by three (3) percent and added to the previous year's dollar per unit
per month fee (including any free unit for managerial staff).
6. STATUS OF AGENT
Agent will perform the Services in Agent's own way as an independent agent and in
pursuit of Agent's independent calling, and not as an employee of City. Agent will be
under control of City only as to the result to be accomplished, but will consult with City
as necessary. The persons used by Agent to provide services under this Agreement will
not be considered employees of City for any purposes.
The payment made to Agent pursuant to the Agreement will be the full and complete
compensation to which Agent is entitled. City will not make any federal or state tax
withholdings on behalf of Agent or its agents, employees or subcontractors. City will not
be required to pay any workers' compensation insurance or unemployment contributions
on behalf of Agent or its employees or subcontractors. Agent agrees to indemnify City
within thirty (30) days for any tax, retirement contribution, social security, overtime
payment, unemployment payment or workers' compensation payment which City may
be required to make on behalf of Agent or any agent, employee, or subcontractor of
Agent for work done under this Agreement. At the City's election, City may deduct the
indemnification amount from any balance owing to Agent.
7. SUBCONTRACTING
Agent will not subcontract any portion of the Services without prior written approval of
City. If Agent subcontracts any of the Services, Agent will be fully responsible to City for
the acts and omissions of Agent's subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Agent is for the acts and omissions of
persons directly employed by Agent. Nothing contained in this Agreement will create
any contractual relationship between any subcontractor of Agent and Agency. Agent will
be responsible for payment of subcontractors. Agent will bind every subcontractor and
every subcontractor of a subcontractor by the terms of this Agreement applicable to
Agent's work unless specifically noted to the contrary in the subcontract and approved
in writing by Agency.
8. OTHER AGENTS
The Agency reserves the right to employ other Agents in connection with the Services.
9. INDEMNIFICATION
(a) Agent agrees to indemnify and hold harmless the Agency and its officers,
officials, employees and volunteers from and against all claims, damages, losses and
expenses including attorneys fees arising out of the performance of the work described
herein caused in whole or in part by any willful misconduct or negligent act or omission
of the Agent, any subcontractor, anyone directly or indirectly employed by any of them
or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense Agency
incurs or makes to or on behalf of an injured employee under the Agency's self-
administered workers' compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
(b) The Carlsbad Redevelopment Agency agrees to maintain liability insurance
coverage on the property. Agent shall not be responsible for the type, amount or
sufficiency of insurance coverage on the Apartments.
10 . INSURANCE
Agent will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property
which may arise out of or in connection with performance of the services by Agent or
Agent's agents, representatives, employees or subcontractors. The insurance will be
obtained from an insurance carrier admitted and authorized to do business in the State
of California. The insurance carrier is required to have a current Best's Key Rating of not
less than "A-:V".
10.1 Coveraqes and Limits.
Agent will maintain the types of coverages and minimum limits indicated below, unless
City Attorney or City Manager approves a lower amount. These minimum amounts of
coverage will not constitute any limitations or cap on Agent's indemnification obligations
under this Agreement. Agency, its officers, agents and employees make no
representation that the limits of the insurance specified to be carried by Agent pursuant
to this Agreement are adequate to protect Agent. If Agent believes that any required
insurance coverage is inadequate, Agent will obtain such additional insurance
coverage, as Agent deems adequate, at Agent's sole expense.
10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
10.1.2 Automobile Liability (if the use of an automobile is involved for
Agent's work for Agency). $1,000,000 combined single-limit per accident for bodily injury
and property damage.
10.1.3 Workers' Compensation and Employer's Liabilitv. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Agent has no employees and
provides, to Agency's satisfaction, a declaration stating this.
10.2. Additional Provisions. Agent will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The Agency will be named as an additional insured on General
Liability. Likewise, Agent will be named as an additional insured on the
Agency's General Liability policy.
10.2.2 Agent will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and
any extensions of it and will not be canceled without thirty (30) days prior written
notice to Agency sent by certified mail pursuant to the Notice provisions of this
Agreement.
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10.3 Providing Certificates of Insurance and Endorsements. Prior to Agency's
execution of this Agreement, Agent will furnish certificates of insurance and
endorsements to Agency.
10.4 Failure to Maintain Coverage. If Agent fails to maintain any of these
insurance coverages, then Agency will have the option to declare Agent in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Agent is responsible for any
payments made by Agency to obtain or maintain insurance and Agency may collect
these payments from Agent or deduct the amount paid from any sums due Agent under
this Agreement.
10.5 Submission of Insurance Policies. Agency reserves the right to require, at
anytime, complete and certified copies of any or all required insurance policies and
endorsements.
10.6 Crime Bond. The Agent shall provide a Crime Bond in the amount of
$50,000 naming the Agency as co-obligee.
11. BUSINESS LICENSE
Agent will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Agent will maintain complete and accurate records with respect to costs incurred under
this Agreement. All records will be clearly identifiable. Agent will allow a representative
of Agency during normal business hours to examine, audit, and make transcripts or
copies of records and any other documents created pursuant to this Agreement. Agent
will allow inspection of all work, data, documents, proceedings, and activities related to
the Agreement for a period of three (3) years from the date of final payment under this
Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Agent or its agents, employees, and subcontractors
pursuant to this Agreement is the property of Agency. In the event this Agreement is
terminated, all work product produced by Agent or its agents, employees and
subcontractors pursuant to this Agreement will be delivered at once to Agency. Agent
will have the right to make one (1) copy of the work product for Agent's records.
14. COPYRIGHTS
Agent agrees that all copyrights that arise from the services will be vested in Agency
and Agent relinquishes all claims to the copyrights in favor of Agency.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of Agency and on behalf of Agent under this Agreement.
For Agencv: For Agent:
Debbie Fountain Doris Snashall
Director of Housing and Redevelopment Director of Propertv Management
City of Carlsbad 7956 Lester Avenue
2965 Roosevelt Street, Suite B Lemon Grove, CA 91945
Carlsbad, CA 92008 Phone No. 619.231.0288
Phone No. 760.434.2815
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
Agency will evaluate Agent's duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and Agency's Conflict of Interest Code is
required of Agent or any of Agent's employees, agents, or subcontractors. Should it be
determined that disclosure is required, Agent or Agent's affected employees, agents, or
subcontractors will complete and file with the Agency Clerk those schedules specified
by Agency and contained in the Statement of Economic Interests Form 700.
Agent, for Agent and on behalf of Agent's agents, employees, subcontractors and
consultants warrants that by execution of this Agreement, that they have no interest,
present or contemplated, in the projects affected by this Agreement. Agent further
warrants that neither Agent, nor Agent's agents, employees, subcontractors and
consultants have any ancillary real property, business interests or income that will be
affected by this Agreement or, alternatively, that Agent will file with the Agency an
affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Agent will keep fully informed of federal, state and local laws and ordinances and
regulations which in-any manner affect those employed by Agent, or in any way affect
the performance of the Services by Agent. Agent will at all times observe and comply
with these laws, ordinances, and regulations and will be responsible for the compliance
of Agent's services with all applicable laws, ordinances and regulations.
Agent will be aware of the requirements of the Immigration Reform and Control Act of
1986 and will comply with those requirements, including, but not limited to, verifying the
/o
eligibility for employment of all agents, employees, subcontractors and consultants that
the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Agent will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Agent or Agency will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the Agency
Manager. The City Manager will consider the facts and solutions recommended by each
party and may then opt to direct a solution to the problem. In such cases, the action of
the City Manager will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
20. TERMINATION
In the event of the Agent's failure to prosecute, deliver, or perform the Services, Agency
may terminate this Agreement for nonperformance by notifying Agent by certified mail of
the termination. If Agency decides to abandon or indefinitely postpone the work or
services contemplated by this Agreement, Agency may terminate this Agreement upon
written notice to Agent. Upon notification of termination, Agent has five (5) business
days to deliver any documents owned by Agency and all work in progress to Agency
address contained in this Agreement. Agency will make a determination of fact based
upon the work product delivered to Agency and of the percentage of work that Agent
has performed which is usable and of worth to Agency in having the Agreement
completed. Based upon that finding Agency will determine the final payment of the
Agreement.
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of Agency, Agent will
assemble the work product and put it in order for proper filing and closing and deliver it
to Agency. Agent will be paid for work performed to the termination date; however, the
total will not exceed the lump sum fee payable under this Agreement. Agency will make
the final determination as to the portions of tasks completed and the compensation to
be made.
21. COVENANTS AGAINST CONTINGENT FEES
Agent warrants that Agent has not employed or retained any company or person, other
than a bona fide employee working for Agent, to solicit or secure this Agreement, and
that Agent has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other
consideration contingent upon, or resulting from, the award or making of this
Agreement. For breach or violation of this warranty, Agency will have the right to annul
this Agreement without liability, or, in its discretion, to deduct from the Agreement price
or consideration, or otherwise recover, the full amount of the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Agent agrees that any Agreement claim submitted to
Agency must be asserted as part of the Agreement process as set forth in this
Agreement and not in anticipation of litigation or in conjunction with litigation. Agent
acknowledges that if a false claim is submitted to Agency, it may be considered fraud
and Agent may be subject to criminal prosecution. Agent acknowledges that California
Government Code sections 12650 et seq., the False Claims Act applies to this
Agreement and, provides for civil penalties where a person knowingly submits a false
claim to a public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of
information. If Agency seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Agent acknowledges that
the filing of a false claim may subject Agent to an administrative debarment proceeding
as the result of which Agent may be prevented to act as a Agent on any public work or
improvement for a period of up to five (5) years. Agent acknowledges debarment by
another jurisdiction is grounds for Agency to terminate this Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon Agency
and Agent and their respective successors. Neither this Agreement or any part of it nor
any monies due or to become due under it may be assigned by Agent without the prior
consent of Agency, which shall not be unreasonably withheld.
\l
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf
of Agent each represent and warrant that they have the legal power, right and actual
authority to bind Agent to the terms and conditions of this Agreement.
Interfaith Housing Assistance
Corporation, a California Nonprofit
Corporation
*By:
Carlsbad Redevelopment Agency, a public
body corporate and politic,
By:
Matthew B. Jumper
*By:ATTEST:
Lorraine M. Wood, City Clerk
If required by Agency, proper notarial acknowledgment of execution by Agent
must be attached. If a Corporation, Agreement must be signed by one corporate
officer from each of the following two groups.
*Group A.
Chairman,
President, or
Vice-president
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering the officer(s) signing to bind the
corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
s (2, t cfc&GgL
II A //EXHIBIT "A
TYLER COURT MANAGEMENT PLAN
OCTOBER 2009
MANAGEMENT PLAN
FOR
TYLER COURT APARTMENTS
The intent of this management plan is to present guidelines that the Owner and the Managing Agent will
follow in the operation of Tyler Court Apartments.
Owner: Tyler Court Apartments (Carlsbad Redevelopment Agency,
a Community Redevelopment Agency)
Managing Agent: Interfaith Housing Assistance Corporation
The entire development, including, but not limited to, the land and any and all improvements, fixtures, and
furnishings, equipment, and supplies, is hereinafter referred to as the "Development".
I. Role and Responsibility of the Owner, and its relation, and delegations of authority to the Managing
Agent.
The Interfaith Housing assistance Corporation (IHAC) President is charged by the owner's Board of
Directors with overall responsibility for supervising its affairs. That officer represents, and has
authority to act for, the Owner in relationships with the Managing Agent and other involved parties.
That officer also supervises, on behalf of the Owner, the performance of the Managing Agent in
carrying out its responsibilities. The President of Interfaith Housing Assistance Corporation is the
responsible officer in charge of the operations of the Managing Agent.
The responsibilities of the Owner and Managing Agent are defined in the management agreement and
this management plan so as to eliminate overlapping areas. The responsible officers of the Owner and
Managing Agent are in regular contact to insure close coordination. The management agreement sets
forth the items that are to be paid by the Development or out of the Managing Agent's fee.
A. Managing Agent's Services and Duties. Under the personal and direct supervision of the
President, the Managing Agent (hereinafter referred to as "Agent") shall render services and
perform duties as follows:
1. Personnel Policy and Staffing. On the basis of job standards and wage rates, the Agent
will investigate, hire, pay, supervise, and discharge the personnel necessary to be
employed to properly maintain and operate the Development. Such personnel shall in
every instance be in the Agent's employ. Compensation for the services of such
employees shall be an operating expense of the Development. Personnel Policy is
outlined in a separate document.
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2. Maintenance and Repair Program. The Agent will cause the buildings, appurtenances
and grounds of the Developments to be maintained according to standards acceptable
to Owner and its lenders including all normal maintenance and repair work as may be
necessary. The Program is outlined in detail in Section VI of this plan.
3. Expenditure Authorization. With the exception of payments required under the
mortgage, taxes, insurance, utilities, payroll and vendor contractual obligations, no
disbursement shall be made by the Agent in excess of $2,000.00 (when budgeted)
unless specifically authorized by the Owner; excepting, however, that emergency
repairs, involving manifest danger to life or property, or immediately necessary for the
preservation and safety of the Development, or for the safety of the residents, or
required to avoid the suspension of any necessary services to the Development, may be
made by the Agent irrespective of the cost limitation imposed by this paragraph.
Notwithstanding this authority on emergency repairs, it is understood and agreed that
the Agent will, if at all possible, confer immediately with the Owner regarding every
such expenditure and its effect on the budget. Authorization for all payables is required
by the supervisor of the requestor while checks may only be signed by the IHAC
President or a member of the Executive Committee of the Board of Directors.
4. Administration.
a. Records Maintenance. The Agent will maintain a comprehensive system of office
records, books, and accounts in a manner satisfactory to include all appropriate
Development expenditures. Part of this system will include the use of a Check
Request and an Accounts Payable stamp.
(1) Check request has two functions.
(a) to reimburse for money spent out of pocket for
Development expense.
(b) to advance a check for a specific documented
purpose/vendor.
(2) Accounts Payable stamp assists in paying each bill properly. Upon
receipt of each bill, the item is stamped and the Development site noted.
Upon payment of each bill, the remainder of the stamp is completed,
indicating check #, amount and date paid. Preliminary approval by the
site staff is also necessary indicating the item was received or the service
was properly rendered and at the appropriate cost.
Records shall be subject to examination by authorized agents during regular
business hours. As a standard practice, the Agent shall render to the Owner a
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statement of receipts and disbursements, a schedule of accounts receivable and
payable, and a reconciled bank statement as of the end of the preceding month.
b. Accounting Records, Forms, and Vouchers. All accounting and purchasing
procedures are consistent with governmental requirements governing fiscal
operations for multi-family housing Developments. Monthly reports are based
on information provided by the Resident Manager and reviewed by the Directors
of Property Management and Finance. All monthly financial reports, and other
reports required by Owner are prepared by the Director of Finance under the
supervision of the Agent. Resident income certifications are prepared by the
Resident Manager and are kept at the Development office. Copies are kept on
file at the Agent's office. The Agent monitors cash flow on a continuous basis.
The Owner receives a monthly cash flow statement concerning the fiscal
activities, including a financial statement every quarter.
c. Supplies. Office supplies are purchased directly, upon approval, from various
office supplies vendors. The IHAC staff conducts periodic price comparisons.
5. Budgets. At least 60 days before the beginning of each new fiscal year, the Agent will
prepare an operating budget setting forth an itemized statement of the anticipated
receipts and disbursements for the new fiscal year based upon the then current
schedule of monthly rents, and taking into account the general condition of the
Development and Owner's objectives for the ensuing year. Each such budget, together
with a statement for the Agent outlining a plan of operation and justifying the estimates
made in every material item, shall be submitted to the Owner for submission to the
appropriate agency, if necessary, in final draft at least thirty (30) days before the
commencement of the fiscal year for which it has been made. The budget as finally
approved and adopted by the Owner shall serve as a supporting document for the
schedule of monthly rents proposed for the new fiscal year.
6. The Agent shall consult with the Owner concerning any of the following:
a. Property improvements over $2000.00.
b. Changes in rent collection policies.
c. Government requirements seriously affecting the economic status of the
Development.
d. Insurance.
e. Any change in the financial status or needs of the Development that necessitates
a change in the operating budget.
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f. Other matters as required by the management agreement, or specified from
time to time by the Owner.
7. The Agent need not consult with the Owner regarding:
a. Payment of budgeted operating expenses.
b. Selection of residents.
c. Selection of vendors for budgeted services (except as directed by the Owner).
d. Commencement of legal proceedings in the name of the Owner for evictions and
collections of rents.
e. Marketing and advertisements.
f. Other day-to-day activities in the operation of the Development where
consultation is not otherwise required by this management plan or the
management agreement.
8. Compensation. The sole compensation which the Agent shall be entitled to receive for
all services performed under this Plan shall be a fee computed and payable monthly at
the rate approved by the owner.
The Agent will comply with all laws, statutes, ordinances, governmental rules and regulations,
conditional use permits, zoning variances and the like, now in force or which may hereinafter
be enacted, promulgated or granted with respect to the Development.
B. Resident Manager's Duties and Responsibilities. The Resident Manager will handle social
services, including referrals to other agencies. The Manager is charged with the responsibility
of keeping informed of appropriate agencies which can be provide social services directly to
residents. The Resident Manager will perform regular duties, such as resident relations,
collection of rents, schedule of maintenance, and other duties deemed necessary to provide a
safe and harmonious environment for all residents. The Resident Manager will establish and
maintain a waiting list, in compliance with monitoring agencies, rules and regulations applicable
to the Development, to be used to fill subsequent vacancies.
Agency Bank Account. It is the responsibility of the Agent to establish and maintain, in a bank whose
deposits are insured by the Federal Deposit Insurance Corporation and in a manner to indicate the
custodial nature thereof, a separate bank account or accounts as Agent of the Owner for the deposit of
the monies of the Owner, with authority to draw thereon for any payments to be made by the Agent to
discharge any liabilities or obligations incurred pursuant to this Plan, and for the payment of the
Agent's fee, all of which payments shall be subject to the limitations in this Plan.
Page - 4 -
Renting of Units. The Agent will advertise as necessary to fill units by making outreach to local
community organizations and churches and to the general public so as to attract Applicants
representative of the community, and by means of media as necessary. Efforts will include
compliance with the Affirmative Fair Housing Marketing Plan, which targets populations not currently
served. Documentation of marketing efforts will be maintained both at the site and at the corporate
office. Applications will include a line so that applicants may voluntarily disclose their race/ethnicity.
These documents will be retained a minimum of three years.
A. Resident Selection Criteria. The Agent has promulgated a resident selection policy. The
Resident Manager will screen applicants who will be accepted or declined residency in
accordance with the Resident Selection Criteria and appropriate governmental regulations.
B. Resident Certification and Recertification. Incomes and assets of applicants will be verified and
documented by the Agent in accordance with applicable governmental regulations. The
Resident Manager is primarily responsible for obtaining all necessary information and
completion of all forms relating to certification and recertification of incomes. This is done
under the supervision of the Director of Property Management. The Resident Manager must be
knowledgeable regarding applicable governmental forms and procedures.
C. Security Deposit. A security deposit will be charged to all residents. The amount of the deposit
will not exceed one month's rent and will be collected along with the first month's rent. At the
termination of the lease, the resident will be required to return the unit in the same condition
in which it was received less reasonable wear and tear as determined by the Resident Manager.
If there is damage, the actual cost to repair the damage will be deducted from the security
deposit. Any unpaid rent also will be deducted from the security deposit. Any remaining
deposit will be returned to the resident within twenty-one (21) days as required by law. If the
resident owes money in addition to the security deposit, every effort will be made to collect
from the resident.
D. Gate Deposit and Pet Deposit. There will be a $20.00 gate deposit for each opener per tenant.
Pets will be permitted with a $300 deposit and completion of a Pet Agreement/Veterinarian
Certification. No deposit is required for Resident-owned assistive animals.
E. Rent Collection. Rent will be collected by the Resident Manager at the site office. Rents are
due on the first day of every month. All rents are paid by check or money order only. A sign in
the office informs all persons that cash rent is not accepted. Receipts will be given only if
requested by the resident. The Resident Manager deposits the rents in the bank. The deposit
record listing the checks is kept in triplicate: one copy is given to the bank, one copy is retained
by the Resident Manager, and one copy is forwarded with a copy of the rent receipt to the
Director of Finance. All rents are segregated in a separate checking account for the
Development kept in the name of the Owner.
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Prepayment of rent is not permitted. Partial rent payments are acceptable only in highly
unusual circumstances and only when approved in advance by the Owner. Rent must be paid
within the first five (5) days of each month and will be considered late on the 6th day. Rents
paid after this time are charged a $20.00 late fee. The intent of the late fee is to reimburse the
Development for the costs of collecting late rents and for the loss of the use of the funds. If a
check issued by a resident is returned by the bank, the resident must replace the returned
check and pay the $20.00 Returned Check charge. If a resident continues to have rent checks
returned by the bank, no further checks are to be accepted from that resident; rent must be
paid by money order thereafter.
The Owner and Agent realize that financial problems beyond the control of a resident may arise
(e.g.: loss of job, hospitalization, etc.). Residents will be referred to social service agencies, or
agencies providing assistance in budgeting, if the resident desires. Management cannot compel
residents to pursue any particular remedy.
F. In addition to rent, residents will pay for use of the laundry equipment, their own telephone,
and for Cable TV service.
IV. Administration of Leases.
A. The Agent has the authority to sign, renew or cancel leases for the Apartments and any part
thereof; to collect rents or other charges and expenses due or to become due and give receipts
therefore, to terminate tenancies and sign and serve in the name of the Owner such notices as are
appropriate; to institute and prosecute residents and to recover possession of units in the name
Owner and recover rents and other sums due and, when expedient, to settle, compromise, and
release such actions or suits or reinstate such tenancies, subject to the following procedures which
may be amended from time to time, as required by practical concerns, with the mutual consent of
the Parties.
B. Model lease begins with a One Year agreement followed by a Month-to-Month lease.
C. Verification of vacancies. All data for all residents is input to a computer system. All governmental
forms are printed for residents as a result of data input into the system. Vacancies are tracked on
governmental reports.
V. Delinquent Rent and Evictions. Agent shall act in accordance with the law and with those procedures
established through governmental regulations when dealing with delinquent residents. All means of
working with the resident to pay need to be exhausted before an eviction proceeds. Once legal action
is initiated, the Resident Manager will have no authority to accept rent from the resident. At this
point, the tenancy may be reinstated only under the following conditions:
A. Approval by the Agent;
Page - 6 -
1. Payment by the resident of all past due rent, late charges, and legal fees and court costs
incurred; and
2. Only if legal proceedings have not been previously filed against the resident.
A. A service fee of $20.00 will be charged for returned checks. If payment of rent due is not made
within twenty-four (24) hours of notification, then eviction proceedings may be initiated.
B. On or about the 6th day of the month, if payment has not been received, a pay or quit notice is
executed and served to the resident. Upon expiration of the term of the notice, appropriate
documents are submitted to an attorney for filing and an Unlawful Detainer action will be
instigated.
C. If an eviction is required due to something other than non-payment of rent, documentation is
very important. When documentation is sufficient to warrant eviction, including warning
letters to the resident, papers must be submitted to an attorney as advised above. Paperwork
necessary for an eviction includes a copy of the pay or quit notice, back-up documentation,
rental agreement, and proof of service. Evictions for reasons other than non-payment of rent
are handled according to the following procedure specified in the lease. In addition, the
following steps are taken:
1. The Resident Manager verbally notifies the resident that particular conduct does not
comply with the Development Rules and Regulations. A follow up letter is sent to
summarize the problem and the verbal notification.
2. If problems continue, the Resident Manager sends a written notice to comply to the
resident.
3. If the problem is not resolved, the resident will be given written notice of the
termination of the lease.
4. If the resident does not vacate, appropriate legal action will be taken.
5. Where the violation of the Rules and Regulations is flagrant, or the resident's conduct is
harmful to the Development or its residents, the Resident Manager may instigate
immediate termination proceedings.
D. If a resident files for bankruptcy and avoids paying rent, attorney action will proceed. The
procedure will take longer, however.
E. Upon termination of the lease a move out inspection will be performed by the Resident
Manager in the presence of the resident (if available).
Page - 7 -
VI. Maintenance and Repair of Buildings and Grounds.
A. The Agent has the power and authority to make or cause to be made and supervise repairs and
alterations, and to do decorating in the Apartments and to purchase supplies and pay all bills
therefore. The Agent agrees to secure prior approval on all expenditures in excess of $2,000 for
any one (budgeted) item, except in the case of emergencies.
B. Maintenance personnel complete all maintenance functions they are capable of doing correctly
and promptly. Outside maintenance personnel may be called in to perform maintenance
beyond the capacity of staff maintenance personnel.
C. Equipment and supplies will be purchased and maintained on-site. An inventory list will be
made of this equipment and kept on-site and in the Agent's office.
D. The Agent shall prepare for use by the management a Procedures Manual that includes
standard maintenance procedures. Maintenance of equipment, provided primarily by contract
vendors, will include, but not be limited to, elevators, HVAC systems, wall fans, electric gates,
locks and other mechanical equipment. Upon turnover, the interior of every unit shall be
cleaned and repainted, as needed, and all mechanical repairs shall be completed, as needed.
Floor and window coverings shall be cleaned or replaced, as needed and the apartment
fumigated.
E. Most of the cleaning and general maintenance will be performed by maintenance staff hired
and supervised by the Agent. Should an outside contractor be used, three bids will be obtained
and the lowest or most reasonable bid will be selected (with owner approval, if the bid exceeds
the authorized spending limit). The Resident Manager reviews and authorizes bills (and packing
slips) for payment from outside contractors upon receipt as to cost, items received and work
done.
F. Residents will be required to report to the site office any items requiring maintenance or repair.
Upon notification from a resident of needed repairs, the resident will be asked to complete a
work order request. Numbered work orders will be completed in three parts for all
maintenance or repair. Upon initiation the resident will retain the third copy. The office staff
will then record the work order on the work order log. Upon completion, the maintenance
person who completed the work will sign the work order. The original copy of the work order
will be placed in the unit maintenance file and the remaining copy will be filed in chronological
order with the monthly logs. Non-emergency maintenance or repair requests will be
completed within forty-eight hours, and when this is impossible, the resident will be notified
immediately as to when the maintenance or repairs will be undertaken.
G. Emergency requests will be handled immediately. The Resident Manager will be instructed on
how to handle emergency repairs and will have an approved list of vendors to use in the
absence of the Agent.
Page - 8 -
H. The trees, shrubs and other landscaping features will be maintained on a regular basis by a
contract vendor.
I. An exterminator will be hired to provide an ongoing program of pest control on a monthly
schedule.
J. A regular preventative maintenance schedule will be established for cleaning and painting
gutters, railings, common areas, outside windows, and so on.
K. Trash will be removed from dumpsters in the building by the local garbage collection service as
often as necessary to maintain the Apartments in a neat, clean and sanitary condition.
L. Annual inspections of all units will be performed by the Resident Manager and any damage or
housekeeping problems will be identified at that time.
M. Normal maintenance and management does not include modernization, refinancing, fire
restoration, major rehabilitations, obtaining income tax advice, presenting petitions to planning
or zoning committees, advising on proposed new construction or other counseling.
N. Semi-annual smoke detector inspections inside each apartment will be done by the on site
staff.
O. All elevators will be inspected annually for current operating permits and monthly by a licensed
vendor.
P. All fire extinguishers will be recharged annually and as needed.
Q. Maintenance supplies are purchased directly, upon approval, from various maintenance
supplies vendors. The IHAC staff conducts periodic price comparisons.
VII. Resident Relations.
A. Resident grievances are addressed in the written Grievance Procedures, supplied to all
residents at move-in.
B. Residents' request for maintenance or repairs will be handled as described in paragraph VI(F)
above.
C. On execution of a lease, or at time of move-in, new residents, including all family members, will
be oriented to the house rules and policies. Items reviewed will include the lease, house rules
and regulations, maintenance policies, fiscal policies, supervision of children, pet rules and
regulations, and emergency safety equipment and procedures.
Page - 9 -
D.The Owner and Agent are committed to maximizing resident participation in the operation of
the Development. The formation of a resident organization will be encouraged.
E. Neighborhood watch. A neighborhood watch will be established and implemented with the
assistance of the local Police Department. As part of the neighborhood watch, communication
with the neighboring Developments was initiated in order to establish a network of
communication and develop teamwork within and among the community.
VIII. Management Agreement. The Owner-approved management agreement form is used.
Approved by Owner:
Date
Date
Page -10
15
CARLSBAD PUBLIC FINANCING AUTHORITY-AGENDA BILL
AB#
MTG.
DEPT.
41
12/01/09
FIN
APPROVAL OF THE CROSSINGS AT
CARLSBAD GOLF COURSE BUDGET
FOR 2010 AND ADDITIONAL
APPROPRIATION FOR 2009
DEPT. HEAD -/
CITY ATTY. ,-f^B-
CITYMGR. /,*—LA'
RECOMMENDED ACTION:
It is recommended the Board of Directors of the Carlsbad Public Financing Authority (Authority)
adopt Resolution No. 52 approving the 2010 Operating and Capital Budget for
The Crossings at Carlsbad Golf Course and an additional appropriation of up to $150,000 for
2009.
ITEM EXPLANATION:
The Authority is the joint powers entity formed by the City of Carlsbad and Carlsbad Municipal
Water District to be responsible for the finance, construction, operation and maintenance of The
Crossings at Carlsbad Golf Course (The Crossings) on behalf of the City of Carlsbad, which is
the owner of the property. On May 2, 2006, the Authority retained Kemper Sports
Management, Inc. (KSM) to manage and operate the golf course and associated
improvements. The Crossings opened to the public August 2007. For the Authority's
consideration, KSM has prepared a 2010 calendar year operating and capital budget for The
Crossings. This operating budget for 2010 is an estimate based on actual operating
performance for calendar year 2009 and the experience of KSM with other similar golf courses.
The Crossings has been negatively affected by the slow economy especially in golf rounds
played and group golf events which has affected the greens fees revenue. KSM has
considered the slow economy in developing the proposed budget for The Crossings for 2010.
The 2010 Budget estimates that The Crossings will generate operating revenues of
approximately $6.0 million which is a 5% increase over the 2009 revised projections. The
operating expenses, food and beverage service and debt service, in addition to setting aside
funds for future capital needs, is estimated at $7.1 million or approximately 0.8% more than the
2009 projections primarily due to the increase in water and sewer rates, and the Food and
Beverage Program, which generates additional revenue to offset the increase in expenses.
The annual operating loss is expected to be approximately $1,181,000. In addition to the
operating expenses, there are the habitat maintenance and monitoring costs which are
estimated at approximately $441,453. The habitat budget and the $1,181,000 for the operating
loss would need to be funded by the General Fund. In addition, The Crossings also requires
capital projects to continue to improve the health and safety at the golf course as well as other
projects that were not anticipated when the construction budget was developed. The total
amount requested for the capital budget is $138,000.
DEPARTMENT CONTACT: Lisa Irvine 760-602-2430 lisa.irvine@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
D
D
D
D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
D
D
D
D
\
Page 2
The following chart summarizes the proposed 2010 budget for The Crossings and compares it
to the 2009 projections.
Projected Revenues
Green Fees
Food and Beverage
Other
Projected Expenses
Cost of Sales
Payroll
Other Expenses
Revenues Less Expenses
Less Capital Reserve
Less Payments on Debt
Net Income/ (Loss) from Operations
Habitat Costs
Capital Project Requests
Net Cash Flow (General Fund Contribution)
Paid Rounds
Average Fee per Paid Round
2010
Budget
$2,696,358
$2,718,650
$607,680
$945,270
$2,543,323
$2,559,168
($25,073)
$ 52,313
$1,104,000
($1,181,386)
$441 ,453
$138,000
($1,760,839)
45,000
$59.92
2009
Projections
$2,535,438
$2,593,349
$604,133
$884,480
$2,447,192
$2,659,771
($258,523)
$50,709
$1,104,000
($1,413,232)
$522,493
$0
($1,935,725)
44,209
$57.35
Difference
$160,920
$125,301
$3,547
$60,790
$96,131
($100,603)
$233,451
$1,604
0
$231,846
($81,040)
$138,000
$174,886
791
$2.57
Revenues - The majority of the revenues are generated from golf play rates and the food and
beverage operations. The golf revenue assumes that there will be approximately 45,000
rounds played of golf or an average of 3,750 per month. There are no proposed changes to the
greens fees.
Page 3
Expenditures - The expenditures include the golf course, carts, pro shop, driving range, food
and beverage, marketing and administrative expenses. In addition, the expenditures include
KSM's management fee and performance incentive fee. The management fee for 2010 is
$156,000 and the incentive fee is estimated at $76,134. No salary increases or incentive pay
are included in the proposed budget for 2010.
Capital Reserve - 2% of greens fee revenues will be set aside for a capital reserve,
capital reserve for 2010 is estimated to be approximately $52,313.
The
Payments on Debt - The Authority issued $18.5 million of tax exempt bonds to help finance
the construction of the golf course. The budget for debt service payments for 2010 is
$1,104,000 which is sufficient to cover the debt service requirements.
Habitat Costs - The development permits on the golf course require the restoration and
maintenance of large areas of habitat for 5 years or as long as it takes the habitat to become
established. It is estimated that the habitat costs may be $5 million over the five year period.
Costs are anticipated to be higher in the initial years and then will decline as the Coastal Sage
Scrub and other native plants and animals are better established. One of the more significant
costs during this time period is water. The mitigation areas require watering until the plants are
well established. Once established and accepted, the habitat created is anticipated to require
no irrigation and a minimal level of monitoring and maintenance. Once the habitat areas are
established, it is expected that the golf course operating revenues would be sufficient to cover
all the costs of operation including habitat maintenance which is expected to drop to a minimal
level after establishment. The proposed 2010 budget assumes $441,453 for habitat
maintenance and monitoring. The budget assumes that watering will be discontinued beginning
in July 2010 to help return the habitat to its natural state.
2010 Capital Projects - The request is for several projects to help improve the public safety of
the golf course as well as improve the payability and conditions of the course and grounds.
The chart lists the projects requested for 2010.
2010 Capital Improvement Projects
1.
2.
3.
4.
5.
6.
7.
Trencher for Drainage
Add Steps on East Side of Clubhouse
Banquet Supplies (e.g. wedding arch, induction
table top burners, dual lamp carving station,
etc.)
Grease Hood to Replace Steam Hood
Penetrant Pumps (2) for soil conditioning
Split Rail Fencing between Holes 2&7 and 1&8
Banquet Chairs (50% replacement)
TOTAL
$
$
$
$
$
$
$
$
15,000
13,500
12,000
25,000
6,000
16,500
50,000
138,000
Page 4
2009 BUDGET REVISIONS:
The Crossings has been negatively impacted by the recession, especially in total rounds played
and group golf events which have affected the green fees collected. As a result of the decline
in golf revenues, KSM has revised The Crossings budget for 2009 reducing the expenditures
accordingly. For 2009 the total revenues for The Crossings is expected to be $5.7 million,
down approximately $650,000 from the original budget, primarily due to green fees revenues.
The Crossings expenditures are expected to be $7.7 million, a reduction of approximately
$500,000 from the original budget. The $500,000 in expenditure reductions included
eliminating the capital program of $197,950. Even with these significant budget savings, The
Crossings budget may require up to an additional $150,000 appropriation increase to end the
calendar year.
The original subsidy projected for The Crossings for 2009 was $1,792,178. Due to the
economy and increase in water and sewer rates, the revised projected subsidy for 2009 could
be up to $1,936,000 or an increase of approximately $150,000. The attached resolution
authorizes an appropriation and advance of up to that amount, if needed (Exhibit 1). The actual
additional appropriation needed will be finalized once the books are closed at the end of the
calendar year.
FISCAL IMPACT:
After paying the debt service and setting aside funding in a capital reserve, The Crossings is
projected to have an operating net loss of $1,181,386 for calendar year 2010. There is
$138,000 requested for capital projects and an additional $441,453 for habitat maintenance and
monitoring. The total requested from the General Fund Reserve for the 2010 budget will be
approximately $1,760,839.
Included in the General Fund's Ten Year Financial Forecast for FY 2009-10 is an advance of
approximately $1.83 million to cover six months of calendar year 2009 and six months of
calendar year 2010 projected shortfalls for the golf course. In the Ten Year Financial Forecast,
the $1.83 million is split between two calendar years since The Crossings budget is on a
calendar year and the City of Carlsbad is on a July-June fiscal year. The advance from the
General Fund Reserve does not impact the General Fund day to day operations. In the future,
when the golf course is able, the advance will be returned to the General Fund.
In the golf course business, if demand for golf course services is higher than anticipated, then
corresponding revenues and expenditures may also be higher than anticipated. As occurred in
the 2009 budget, it is once again recommended that the Authority authorize the Executive
Director the discretion to approve additional expenditures above the 2010 Operating Budget if
there are additional revenues generated above the revenue budget to cover the proposed
expenditures. For example, if revenues generated are 105% of the budget, then the Executive
Director would have the discretion to approve additional expenditures up to the amount of the
additional revenue generated. In addition, due to the demand for food and beverage services
which are generally independent from golf course operations, it is recommended that the
Authority authorize the Executive Director the discretion to approve additional expenditures with
the 2010 Food and Beverage Program if there are additional revenues generated above the
Food and Beverage Program revenue budget to cover the proposed additional expenditures.
For this purpose, the Food and Beverage Program will be considered separate from other golf
PageS
course operations. This will be especially needed if there is more demand for catered events
than originally budgeted.
The Crossings budget may require up to an additional $150,000 appropriation increase for
calendar year 2009. This would bring the total advance from the General Fund to The
Crossings to approximately $1,936,000 for 2009. The advance is from the General Fund
Reserve and does not impact the General Fund day to day operations.
ENVIRONMENTAL IMPACT:
On June 7, 2000 the Planning Commission adopted Resolution No. 4772 certifying the
Environmental Impact Report for the Carlsbad Municipal Golf Project, and the operation of the
golf course and maintenance and monitoring of habitat areas are within the scope of the EIR.
The operation, repair, maintenance and leasing or minor alterations of existing facilities falls
within the categorical exemption specified in CEQA guidelines Section 15301, Class 1 and has
been determined not to have a significant effect on the environment and exempt from the
provisions of CEQA.
EXHIBITS:
1) Resolution No. 52 approving the 2010 Budget for The Crossings and
additional appropriation for 2009.
2) 2010 Summary Budget for The Crossings.
Exhibit 1
1 RESOLUTION NO. 52
2 A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE CARLSBAD PUBLIC FINANCING AUTHORITY
3 APPROVING THE 2010 BUDGET FOR THE CROSSINGS
4 AT CARLSBAD AND ADDITIONAL APPROPRIATION FOR
2009.
5
6 WHEREAS, the Carlsbad Public Financing Authority, hereafter the "Authority",
7 has previously entered into a contract with Kemper Sports Management Incorporated
8 for the operation and maintenance of the Carlsbad City Golf Course, The Crossings at
9
Carlsbad Golf Course, hereafter referred to as "The Crossings";
10
WHEREAS, Kemper Sports Management has developed a proposed 2010
11
Operating and Capital Budget for The Crossings.
12
WHEREAS, Kemper Sports Management estimates that The Crossings requires
up to an additional $150,000 budget appropriation for the 2009 Operating Budget due to
the negative impacts of the economic recession.
16 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the
17 Carlsbad Public Financing Authority of the City of Carlsbad, California, as follows:
1 8 1. That the above recitations are true and correct.
19
2. That the proposed 2010 Operating and Capital Budget for the Crossings is
20
approved as summarized in Exhibit 2.
21
3. That the Authority does hereby grant the Finance Director, at the direction
23 of the CPFA Executive Director, to provide advances as needed from the General Fund
24 Reserve for anticipated operating losses and capital costs for The Crossings.
25 4. That the CPFA Executive Director at his/her discretion is authorized to
approve expenditures above the 2010 Operating Budget if there are sufficient revenues
27 generated above the 2010 Operating Budget to cover these additional expenditures. In
28
Exhibit 1
1 addition, if the Food and Beverage Program revenue is higher than the 2010 Food and
2 Beverage Budget, then the CPFA Executive Director is authorized to approve
3 expenditures within the Food and Beverage Program up to that additional revenue
4 generated over the 2010 Budget estimate.
5
5. That the Finance Director has the authority to provide an appropriation
6
and advance from the General Fund up to an additional $150,000 for The Crossings
2009 Budget as needed to compensate for the reduction in The Crossings revenues
o
9 due to the economic recession.
10 //
11 //
12 //
13 //
14 //
15
//
16
//
17
18 "
19 "
20 //
21 //
22 //
23 „
24 //
25
//
26
//
27
28
Exhibit 1
1
2 PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of
Directors of the Carlsbad Public Financing Authority on the day of
4 2009, by the following vote:
5 "
6
AYES:
7
NOES:8
ABSENT:
10
11
12 n
CLAUDE A LEWIS, Chairman of the Board
13
14 ATTEST:
15
16
17 LORRAINE M. WOOD, Secretary
(SEAL)
18
19
20
21
22
23
24
25
26
27
28
Exhibit 2
2010 Tfte Crossings at CarJsbad Budget
Summary front & Loss Statement
For the Twelve Month* Ended December 31, 2010
Description
REVENUES:
•'(•SC chCP
'V'CT G£ CFri'JTr-R
FCOO a BEVtRAGE
.NJRA^CN FEES
.••tCfiV-l^'o^EG I'ICOr'E
'"NEPAL A.ND £CV,N,'ST:'ATIVE
TOTAL REVENUES
COST OF SALES:
PRO SHOP
I-COD A BEVERAGE
TOTAL COST OF SALES
MERCHANDISE COGS %
FSB COGS %
PAYROLLCOURSE AND GROUNDS
CARTS
PRO SHOP
PRACTICE CENTER
FOOD A EEVrRAGE
MARKETING
GENERAL AND ADMINISTRATIVE
TOTAL GROSS PAYROLL
PAYROLL TAXES & BENEFITS
TOTAL PAYROLL EXPENSE
OTHER EXPENSES:
COURSE AND GROUNDS
CARTS
PRO SHOP
PRACTICE CENTER
FOOD 8 BEVERAGE
MARKETING
GENERAL /.NO /.D?.'IN:STRAT;vE
TOTAL OTHER EXPENSES
TOTAL EXPENSES
EBITDA
CAPITAL RESERVE
PAYMENTS ON DEBT
CAPITAL EXPENDITURES
NET INCOMD(LOSS) FROM OPERATIONS
HABITAT COSTS
NET CASH FLOW
BUDGETED ROUNDS - TOTAL
ELDGETED 18 MOLE ROUNDS
BUDGETED 9 HOLE ROUNDS
January
177.533
300
24.830
17,000
144.265
50
363,878
11,223
42.971
54,193
670%
31.5%
44,938
11,452
18.600
52,582
13,000
2A420
161.992
29,359
191,350
57.413
16,210
5.558
500
20.91 1
19,146
55,234
174,»72
420,515
158.538)
3,474
92,000
(152.012)
(36.921)
(188,933)
2,750
2,664
ee
February
166.340
400
24.860
17,000
114.663
50
323,313
12.362
35.147
47,509
67.0%
31 7%
41,153
10,408
17.993
44.642
13,000
20,964
148,161
28,566
176,727
60,813
16,210
3,428
3.025
13.708
9.9B5
^2,384
159,553
383,788
(60,475)
3,240
92,000
(155,715)
(41.778)
(197,494)
2,650
2,550
100
March
212.213
450
30,400
19,000
181.054
50
443,167
16.060
51.259
67,338
67.0%
30.7%
44,938
12.205
16,894
60,946
15,060
21,420
173,453
31,240
204,694
69,163
15,760
2,540
760
26.111
9,680
57.975
181,879
453,912
(10.74S)
4,144
92.000
(106,890)
(52.167)
(159,057)
3,500
3.353
147
April
218,794
400
32,030
20.000
205.394
50
478.668
17,085
59,773
7>,85>
670%
31 2%
46.590
12,120
19.008
64,441
13,000
21,268
176,428
30.496
208,924
80.373
16,010
3.825
3.275
21.111
10.986
51.384
188,983
470.746
5.923
4,261
92,000
53,500
(143,839)
(32.502)
(178,341)
3,700
3,561
139
May
236,762
400
30.890
21,000
245,200
«>
534,302
16.415
66,833
83448
670%
30.1%
47,949
13,073
19,231
70,197
13,000
21.420
184,871
29,794
214.684
99.103
16.260
2,815
250
32,236
3.560
56.950
211,174
509,086
25,218
4,610
92,000
34.506
(105,895)
(53,337)
(159,232)
4.100
3,955
145
June
245.662
400
32,980
21,000
261,579
50
561,671
17.420
70,202
87,622
67.0%
296%
46,590
13.341
19.203
73.315
15.050
21.268
188.768
30,616
219,384
109,903
16.260
3,366
3,275
29.861
7,105
58.259
228,028
535.035
26.630
4,778
92,000
(70,142)
(54.873)
(125,015)
4,350
4,244
106
.July
286.897
450
36,360
21,000
268,573
50
613,330
19,095
72.773
91,888
67.0%
29.5%
7.949
3,786
9,432
1,743
3.000
21,420
187,331
40.582
227,913
106,403
16,760
6.508
1.675
32,393
6,221
58.934
228,794
548.575
64,755
5,595
92.000
(32,841)
(26,360)
(59,201)
5,100
4.960
140
August September
296,183
450
36.550
21,000
334,193
50
688,428
19,095
84.952
104,047
67.0%
29.4%
47,949
13.786
19.432
81,429
13,000
21,420
197,016
40,512
237,529
1 10,953
16.760
2.278
3,275
41.911
4.585
60,734
240.4M
582,072
105.354
5.777
92,000
8,577
(27,926)
(19,349)
5JOO
4,896
202
240.892
450
30.400
20,000
264.259
50
558,650
16.080
72,053
88.133
670%
30.1%
47.864
12,377
19,008
71,161
15.050
21^268
186.729
36.390
223,120
126,853
16.760
2.030
500
29.311
9.080
57.859
242,393
553.646
2,405
4.671
92.000
(94,266)
129,743)
(124,010)
3,900
3,747
153
October November December 2010 Budget % Revenue
211.246
450
33,280
19,000
264,707
50
528,792
15.913
72,397
88,310
67.0%
30.1%
49,265
12,205
18,983
72,478
13.000
21A20
187,351
34.430
221,781
124.103
16,760
7,650
3,026
33,111
11,635
53,884
250,168
560,259
(31,527)
4.064
92.000
(127,590)
(16.895)
(144,486)
3,850
3r702
148
198.421
400
27.100
16,000
194.942
50
438,913
12,563
57,550
70,113
67.0%
31.3%
43,676
11.151
18.398
56.470
13,000
21,268
163,964
30,931
194,895
92.763
15,760
3,883
500
24,611
3.535
51.284
192,336
457,344
(20.430)
3.792
92,000
(116,222)
(35,217)
(151,440)
3,100
2.987
113
205,415
300
34,550
16,000
239,823
50
498,1 38
16,750
69,280
86,030
67.0% -
30.7%
44,938
11.452
18.600
78.635
15.050
21,420
190,095
34,246
224,341
77,263
16.010
3,775
1.675
29,961
4,935
128.793
262,412
572.783
(70,645)
3,905
92.000
50,000
(222,550)
(33.730)
(256,280)
2,900
2,800
100
2,696.356
4,850
374.230
228.000
2.718.650
600
6,022,618
190,079
755,101
943,270
67.0%
30.3%
553,800
147.358
226,763
798.038
164.200
255,980
2,146,159
397,163
2,543,323
1,115.106
195.520
47.655
21.625
335.236
100,352
743.674
2.559,168
6,047,761
(23.072)
52.313
1.104.000
136.000
(1,319,385)
(441,453)
(1,760,838)
45,000
43,420
1 580
4477%
0.08%
6.21%
3.79%
45.14%
0.00%
000%
001%
100.00%
9.20%
2.46%
3.77%
0.00%
13.26%
2.73%
4.25%
35.63%
6.59%
4223%
1852%
326%
079%
0.36%
5.57%
1.67%
12.35%
42.49%
10042%
4.42%
0.87%
18,33%
229%
-21.91%
2009 Prcj
2.535.438
4.388
372.495
226,959
2,593,349
291
5,732,920
186,787
697.693
884,480
67.9%
29.7%
553.748
141.827
222,628
722.853
134.392
254,568
2.030.017
417.175
2,447,192
1,055.307
187,890
48,216
16,703
369,099
100.031
882.524
2,659,771
5,991,443
(258,523)
50,709
1,104,000
(1,413,232)
(522,493)
(1,935,725)
44.209
42713
1.496
f Change % Change
160,920
462
1.735
1.041
125.301
309
289.788
3,292
57.498
60,790
52
5.531
4.155
75.185
29.808
1,411
116.142
(20,012)
96,131
59.799
7.630
(561)
4.922
(33.863)
321
(138.849)
(100,603)
56,318
233,451
1,604
138.000
93.848
81,040
174,886
791
707
84
6.35%
1053%
0.47%
046%
4.83%
106.19%
5.05%
1.76%
8.24%
687%
001%
390%
1.87%
10.40%
22.18%
0.55%
5.72%
-4.80%
3.93%
567%
4.06%
-1.16%
29.46%
-9.17%
0.32%
-15.73%
-3.78%
0.94%
-90.30%
3.16%
000%
664%
'15.51%
9.03%
1 79%
R12
2,706.314
5,648
384.058
244.568
2,465,915
(3,571)
5,801.930
199.054
676,241
875,295
68.3%
30.1%
546,470
148.800
233,952
712,269
392.301
2.032.792
393.381
2.426,153
991,586
189.498
52.846
19.024
347.347
106.133
997.950
2,704,385
6,005,833
(203,903)
53,512
1,104,000
9,404
(1,370.819)
(505,633)
(1,875,452)
31,798
30,560
1,238
2008 Actual
3,239,147
6.503
436.691
270.364
2.350.058
6,221
6,310,984
234,368
687.492
921,880
69.5%
31.3%
557,664
163,613
264.834
732.535
391,679
2.100.325
388,679
2,489,004
976,186
190.022
50.892
18,558
264.906
106.317
966,407
2,573,288
5,984,172
326,812
84,196
1.104.000
246.082
(1.087/M6)
(589.139)
(1,676,606)
37239
35,966
1,273
16
CITY OF CARLSBAD - AGENDA BILL
20.053AB#
MTG. 12/1/09
DEPT. ENG
PROPOSED DEL MAR
FAIRGROUNDS PERMANENT
SEASONAL RAIL PLATFORM
DEPT. HEAD
CITY ATTY.
CITY MGR. fjj. --
RECOMMENDED ACTION:
Adopt Resolution No. 2009-298 expressing support for the construction of the Del Mar
Fairgrounds Permanent Seasonal Rail Platform.
ITEM EXPLANATION:
On November 2, 2009, Carlsbad resident Richard Eckfield spoke to the City Council under Public
Comment and asked Council to support the construction of a rail platform at the Del Mar Fairgrounds
by adopting a resolution. Mayor Lewis previously indicated support of the project by sending a letter
on April 24, 2008 to the Deputy General Manager of the Del Mar Fairgrounds urging that the planning
efforts to implement the railroad platform move forward.
The permanent seasonal rail platform was discussed by the SANDAG Transportation Committee,
represented by elected officials, on November 6, 2009 as part of Agenda Item 10, San Dieguito River
Bridge and Del Mar Fairgrounds Platform Feasibility Studies. Earlier this year on May 15, 2009, the
Transportation Committee also discussed the permanent seasonal railroad platform. The connotation
of a permanent seasonal rail platform is that the platform would be in use for events held at the Del
Mar Fairgrounds and would not be an everyday railroad stop.
Funding availability is one of the major constraints to the efforts to plan, design, and construct the
permanent seasonal rail platform at the Del Mar Fairgrounds. Although SANDAG was unsuccessful
in obtaining stimulus funding for this project, SANDAG Executive Director Gary Gallegos indicated to
the Transportation Committee that his staff is aggressively exploring other funding options.
There are two options for the siting of a permanent seasonal rail platform at the Del Mar Fairgrounds.
One is to construct a 600-foot platform and the other a 1,000-foot platform. The former has an
estimated cost of $3.7 million and the latter has a cost estimate of $5.3 million. Both options require
an elevated platform to be constructed on the east side of the railroad tracks with ramps and steps
leading directly into the Fairgrounds parking lot. Either option requires the construction of a second
track over the San Dieguito River so as to allow one train to pass and one train to be at the platform.
However, construction of a second track would fill in wetlands and thus, costly environmental
mitigation would be required, in addition to the costs of constructing a second track.
Because a new bridge over the San Dieguito River will be taller than the existing, compatibility issues
result with the proposed rail platform that could possibly require the platform to be moved further
north. Unfortunately, a location further north would not be compatible with the 22nd District Agricultural
Association proposed master plan for the Fairgrounds. As a result, further detailed studies will be
required to analyze the project feasibility, environmental mitigation, and cost.
DEPARTMENT CONTACT: Robert T. Johnson, Jr., P.E. 760-602-2752 bob.iohnson@carlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
D
D
D
D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER - SEE MINUTES
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Page 2
Although a difficult project to bring to fruition, construction of the proposed rail platform has benefits.
Mitigation of existing and future traffic congestion can be realized when the public is offered a choice
as to their preferred mode of travel. A permanent seasonal rail platform constructed at the Del Mar
Fairgrounds would provide the rail option as an alternate to the use of vehicles that create congestion
on the freeway and surface roads.
ENVIRONMENTAL IMPACT:
Support of further studies to be conducted by SANDAG to determine the feasibility of the permanent
seasonal rail platform at the Del Mar Fairgrounds does not constitute a "project" pursuant to Section
15378(b)(5) of the California Environmental Quality Act (CEQA) and no environmental review is
required.
FISCAL IMPACT:
Support of the necessary studies to be initiated by SANDAG to examine the feasibility of a permanent
seasonal rail platform at the Del Mar Fairgrounds will not result in a fiscal impact to Carlsbad.
EXHIBITS:
1. Location Map.
2. Resolution No. 2009-298 expressing support for the construction of the Del Mar
Fairgrounds permanent seasonal rail platform.
3. Letter by Mayor Lewis dated April 24, 2008.
4. SANDAG November 6, 2009 Transportation Committee Agenda Item No. 10, San Dieguito
River Bridge and Del Mar Fairgrounds Platform Feasibility Studies.
LOCATION MAP
SITE
NOT TO SCALE
PROJECT NAME PERMANENT SEASONAL
RAIL PLATFORM
EXHIBIT
1
DRAWN BY: SCOJT EVANS. CARLSBAD ENGINEERING DEPT. 11/16/09 ft \TRAFFIC\JOHNSON\DEL UAK KM. PLAirORU.DHG 3
1
RESOLUTION NO. 2009-298
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, EXPRESSING SUPPORT FOR THE
CONSTRUCTION OF THE DEL MAR FAIRGROUNDS
4 PERMANENT SEASONAL RAIL PLATFORM.
5
WHEREAS, traffic congestion will continue to increase on Interstate Highway 5 and on
6
local roads; and
7
WHEREAS, increased traffic congestion has negative impacts to the environment; and
8
WHEREAS, options must be explored and implemented to minimize the number of
9
vehicles utilizing the roadway system to reach major destinations such as the Del Mar
10
Fairgrounds; and11
WHEREAS, improved rail service to the Del Mar Fairgrounds by the ultimate
construction of a permanent seasonal rail platform would provide transportation alternatives for
1 w
visitors to the Del Mar Fairgrounds; and14
WHEREAS, studies and investigations are encouraged to be initiated by SANDAG ton o
determine the feasibility and cost of a permanent seasonal rail platform at the Del Mar
Fairgrounds; and17
WHEREAS, SANDAG should explore all potential funding sources to use for the studies18
and investigations necessary that would lead to the construction of a permanent seasonal raili y
„„ platform at the Del Mar Fairgrounds.
21 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
22 California, as follows:
23 1. That the above recitations are true and correct.
24 2. The City Council encourages SANDAG to explore and secure all potential
25 funding sources to study the feasibility of designing and ultimately constructing a permanent
26 seasonal rail platform at the Del Mar Fairgrounds.
27 3. The City Council supports the construction of a permanent seasonal rail platform
23 at the Del Mar Fairgrounds.
1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
2 City of Carlsbad on the day of , 2009, by the
3 following vote, to wit:
4 AYES:
5 NOES:
6 ABSENT:
7
8 n
CLAUDE A. LEWIS, Mayor
9
10 ATTEST:
11
12
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LORRAINE M. WOOD, City Clerk
13 (SEAL)
City of Carlsbad
Office of the Mayor
April 24, 2008
Rebecca Bartling
Deputy General Manager
Del Mar Fairgrounds
2260 Jimmy Durante Blvd.
Del Mar, CA 92014
Dear Ms. Bartling,
NOV 10 2009
DEPARTMENT
ndAs Mayor of the City of Carlsbad, I urge the 22 Agricultural Association to place a
priority on the development of a rail platform, north of the San Dieguito River where it
has been shown on the master plan for the fairgrounds for the past 23 years and to
show such a train stop in the "near-term" projects listing of the proposed activities in the
proposed revised master plan.
Traffic congestion at the Del Mar Fairgrounds is an issue which affects all residents of
San Diego, not just the residents surrounding the fairgrounds. With the increasing price
of gasoline, the need to be concerned about air pollution, and the importance of saving
time for Carlsbad residents by not having them sit in traffic gridlock as they travel south
on 1-5 or Hwy. 101, it is imperative that the 22nd District Agricultural Association move
forward with the construction of this train stop.
I also urge SANDAG to expedite the planning and design of such a platform in
conjunction with the planning to provide a second rail for the main track at that location.
A train stop for the Coaster and Amtrak at that location would have the obvious benefit
of allowing patrons of fairground events to take the train to the fairgrounds and walk
directly to the event or activity. I urge that this project move forward with all possible
speed.
Sincere!
CLAUDE A. "BUD" LEWIS
Mayor
mhs
1200 Carlsbad Village Drive « Carlsbad, CA 92008-1989 • (760) 434-2830 • FAX (760) 720-9461
San Diego Association of Governments
TRANSPORTATION COMMITTEE
November 6, 2009 ^j f\
AGENDA ITEM NO.: I W
Action Requested: INFORMATION
SAN DIEGUITO RIVER BRIDGE AND DEL MAR FAIRGROUNDS File Number 1142900
PLATFORM FEASIBILITY STUDIES
Introduction
SANDAG, with assistance from the North County Transit District (NCTD) and the 22nd District
Agricultural Association (22nd DAA), recently completed two studies for improvements on the
Los Angeles-San Diego-San Luis Obispo Rail Corridor Agency (LOSSAN) corridor. The first is the
Project Study Report (PSR) for the San Dieguito River Bridge Replacement and Second Track Project
and the second is a similar Final Conceptual Engineering and Environmental Constraints Report for
a proposed permanent seasonal rail platform at the Del Mar Fairgrounds.
Discussion
Proposed San Dieguito River Bridge Replacement and Second Track Project
The existing mainline track crosses the San Dieguito River and lagoon on a 1,100-foot single track
wood trestle bridge built in 1916 and continues north on an embankment to the Via die la Valie
overpass. Like all the wood trestles along the LOSSAN corridor, this bridge requires regular and
expensive maintenance. The southern end of the structure currently sits within the 50-year flood
plain. This is well below the standard Federal Emergency Management Agency (FEMA) 100-year
flood plain.
A Project Study Report has been prepared investigating the replacement of the existing single-track
bridge and adding a new 1.1 mile segment of second main track between the existing double-track
segments in Solana Beach and Del Mar, resulting in a combined total double-track segment of
2.8 miles (Attachment 1). Eight alternatives were studied with a construction cost ranging between
$75 million and $98 million in 2009 dollars. The alternatives include the construction of a single,
double-track bridge or two parallel single-track bridges. Both alternatives would involve the
removal of the existing timber trestle bridge and be built within the existing NCTD right-of-way. All
alternatives also would require the trackway and bridge be constructed at a higher elevation in
order to pass a 100-year flood.
A Program Environmental Impact Report/Environmental Impact Statement (PEIR/EIS) for the
San Diego to Los Angeles portion of the LOSSAN Rail Corridor was finalized in 2007. It called for no
net loss of jurisdictional wetlands in accordance with Section 404 of the Clean Water Act. The
proposed new double track between Solana Beach and the new bridge will require new fill to be
placed in the wetlands. Therefore, to offset this encroachment the new bridge(s) will have to be
longer than the existing structure to ensure no net loss of wetlands or suitable wetlands mitigation
will need to be identified.
The PSR identified many high environmental constraints for this project. In addition to the wetlands
issues described above, biological resources including habitat for endangered and threatened
species will likely be impacted. The project also is in the Coastal Zone as defined by the California
Coastal Act.
It should be noted that the San Dieguito Lagoon Restoration Project, a project funded by Southern
California Edison and scheduled for completion in calendar year 2010, will retrofit the existing
bridge to permit dredging of the lagoon to improve tidal flushing. This is a stand-alone project that
does not effect the conclusions drawn in the PSR; the existing bridge will still need to be replaced
and elevated because of the existing structural and floodplain deficiencies.
Proposed Del Mar Fairgrounds Permanent Seasonal Rail Platform Project
The draft Del Mar Fairgrounds Permanent Seasonal Rail Platform Conceptual Engineering and
Environmental Constraints Report was presented to the Transportation Committee on May 15, 2009.
Since that time the study has been finalized and it has been studied in conjunction with the
adjacent San Dieguito River Bridge Replacement and Double-Track Project.
The seasonal platform study presented two options: a 600-foot platform that could accommodate
approximately 1,900 passengers with an estimated construction cost of $3.7 million, and a 1,000-
foot platform that could accommodate 3,200 passengers with an estimated construction cost of
$5.3 million. (Daily rail ridership between the Solana Beach Train Station and the Fairgrounds
during the 2008 Del Mar race season ranged from a low of 550 to a high of 6,500.) Both options
plan for an elevated platform on the east side of the trackway with ramps and steps directly to the
Fairgrounds parking lot. Siting the platform in this location with direct access to the Fairgrounds
was a joint effort by SANDAG, NCTD, and the 22nd DAA staff that works in terms of both easy
access to events and compatibility with the DAA's draft master plan for the Fairgrounds. The
platform and trackway are both elevated in this location in order to clear the floodplain and to
meet grade elevations before reaching Via De La Valle. Both options also require the construction
of a second track over the San Dieguito River in order to allow for one train to be at the platform
while another passes so as not to disrupt service.
SANDAG has received one stakeholder request to phase the construction of the San Dieguito bridge
and double track with the goal of getting the seasonal platform built sooner. The request proposes
construction of a new double track from Solana Beach to the existing San Dieguito bridge with a
platform constructed on the existing track north of the existing bridge. In order not to impact the
existing bridge, the platform would be at the far north end of the Fairgrounds property. It should
be noted that this location is not compatible with the 22nd DAA's proposed master plan
This proposal deserves further study; however, initial investigations show there are a number of
issues that may be difficult to resolve. In order for the proposed platform to be compatible with the
new taller bridge, it may have to be moved even further north to allow for the transition to the
higher grade. The double track also would require new fill in the wetlands requiring mitigation
since the existing bridge would remain in place and would not be lengthened. Finally, a preferred
alternative to replace the existing San Dieguito bridge has not been adopted since detailed
engineering and environmental studies have not been performed. The preferred alternative may
not be at the alignment or elevation that is compatible with the platform at this location. However,
each of these issues could potentially be resolved or mitigated during the project development
process.
Next Steps
These projects are currently on hold due to lack of available funding to continue the development
of either the San Dieguito Bridge Replacement and Second Track Project or the Del Mar Fairgrounds
Permanent Seasonal Rail Platform. SANDAG recently prepared a detailed application for federal
stimulus funds for both projects and submitted this to the state for transmittal to the Federal
Railroad Administration (FRA). However, the state chose to only transmit high-speed rail project
applications by the October 2, 2009, FRA deadline. Staff will continue to look for funding
opportunities in order to continue the development of both projects.
BC
Directorbftvlobility Management and Project Implementation
Attachment: 1. Map of San Dieguito River Bridge and Del Mar Fairgrounds Study Area
Key Staff Contact: Jim Linthicum, (619) 699-1970, jlin@sandag.org
Attachment 1
Engineering Study Area
| ] (study area extends north
and south of this figure)
SOURCE: AirPhoto USA, 2007; SanGIS, 2009; BRG Consulting, Inc., 2009 10/29/09
•
gm
|
•
anI
BRG CONSUL
•
H
I
I
•
NG INC.
San Dieguito River Bridge and Del Mar Fairgrounds Study Area
ATTACHMENT
1
F:\projects\954 Del Mar PlattormXAttachment 1 Engineering Study Area.mxd